CS/HB 7061

1
A bill to be entitled
2An act relating to biomedical research; amending s.
320.435, F.S.; specifying use of funds deposited in the
4Biomedical Research Trust Fund; revising a time limit
5relating to certain undisbursed balances of appropriations
6from the trust fund; amending s. 215.5601, F.S.;
7conforming a cross-reference; amending s. 215.5602, F.S.;
8revising the purposes and long-term goals of the James and
9Esther King Biomedical Research Program; providing for
10certain funds appropriated for the program to be deposited
11into the Biomedical Research Trust Fund; specifying use of
12such funds; renaming the Biomedical Research Advisory
13Council the Biomedical Research Commission; revising
14membership of the commission; providing that the
15commission serves as an exclusive source of biomedical
16research grant and fellowship awards; requiring the
17commission to create committees for specified purposes;
18requiring the commission to adopt policies and procedures
19regarding the committees and to receive input from outside
20sources; revising responsibilities of the commission;
21creating a future requirement for the commission to submit
22priorities for funding research relating to tobacco-
23related and nontobacco-related diseases to the State
24Surgeon General; requiring the State Surgeon General to
25provide commission funding priorities to the Legislature;
26providing restrictions on the State Surgeon General;
27providing criteria for ranking priorities; authorizing the
28State Surgeon General to award grants or fellowships;
29providing for the award of grants or fellowships upon a
30specific appropriation; prohibiting the funding of
31research projects not in compliance with the requirements
32of the section; providing restrictions on the
33recommendation or award of grants or fellowships by other
34programs and entities; providing for future reductions of
35limits on annual administrative expenses; revising
36requirements relating to the commission's annual progress
37report; providing a future expiration date for the
38commission to award grants for the Bankhead-Coley Program;
39revising provisions relating to appropriations; providing
40for nonapplicability of James and Esther King Biomedical
41Research Program requirements to specified programs and
42the use of certain operating funds appropriated to
43universities; extending the expiration date of the
44program; amending s. 381.79, F.S.; providing for the
45expiration of a provision relating to the distribution of
46funds from the Brain and Spinal Cord Injury Program Trust
47Fund; amending s. 381.853, F.S.; providing a requirement
48for the Florida Center for Brain Tumor Research relating
49to the use of state funds for biomedical research;
50amending s. 381.855, F.S.; providing additional program
51functions for the Florida Center for Universal Research to
52Eradicate Disease; requiring the center to disseminate
53certain information if an appropriation is made;
54conforming references to changes made by the act; amending
55s. 381.911, F.S.; conforming references to changes made by
56the act; amending s. 381.922, F.S., relating to the
57William G. "Bill" Bankhead, Jr., and David Coley Cancer
58Research Program; creating a future requirement for the
59commission to submit priorities for funding cancer
60research to the State Surgeon General; requiring the State
61Surgeon General to provide commission funding priorities
62to the Legislature; providing restrictions on the State
63Surgeon General; providing criteria for ranking
64priorities; authorizing the State Surgeon General to award
65grants; providing for the award of grants upon a specific
66appropriation; prohibiting the funding of research
67projects not in compliance with the requirements of the
68section; conforming references to changes made by the act;
69revising process and provisions relating to future peer
70review of grant applications to conform to the changes to
71the biomedical research program made by the act; deleting
72a provision requiring the Division of Statutory Revision
73within the Office of Legislative Services to certify
74certain language and citations related to the program;
75deleting a provision requiring future legislative review
76of the program; revising the expiration date of the
77program; amending ss. 458.324 and 459.0125, F.S.;
78conforming references to changes made by the act; amending
79s. 1004.445, F.S.; providing for the future repeal of
80specified provisions to conform to changes made by the
81act; reducing appropriations for fiscal year 2008-2009;
82providing for and specifying use of future appropriations;
83repealing s. 381.0404, F.S., relating to the Center for
84Health Technologies; repealing s. 381.85, F.S., relating
85to biomedical and social research; repealing s. 381.912,
86F.S., relating to the Cervical Cancer Elimination Task
87Force; repealing s. 381.92, F.S., relating to the Florida
88Cancer Council; repealing s. 381.921, F.S., relating to
89the Florida Cancer Council; repealing s. 381.98, F.S.,
90relating to the Florida Public Health Foundation, Inc.;
91repealing s. 381.981, F.S., relating to health awareness
92campaigns; repealing s. 1004.435, F.S., relating to cancer
93control and research; providing for severability;
94providing an effective date.
95
96Be It Enacted by the Legislature of the State of Florida:
97
98     Section 1.  Paragraph (h) of subsection (1) of section
9920.435, Florida Statutes, is amended to read:
100     20.435  Department of Health; trust funds.--
101     (1)  The following trust funds are hereby created, to be
102administered by the Department of Health:
103     (h)  Biomedical Research Trust Fund.
104     1.  Funds to be credited to the trust fund shall consist of
105funds deposited pursuant to s. 215.5601 and any other funds
106appropriated by the Legislature. Funds shall be used for the
107purposes of the James and Esther King Biomedical Research
108Program and the William G. "Bill" Bankhead, Jr., and David Coley
109Cancer Research Program as specified in ss. 215.5602, 288.955,
110and 381.922. The trust fund is exempt from the service charges
111imposed by s. 215.20.
112     2.  Funds deposited into the trust fund pursuant to s.
113215.5601 and any other funds appropriated by the Legislature as
114specified in s. 215.5602(12)(a) for research related to tobacco-
115related diseases shall be used exclusively for the purpose of
116awarding grants and fellowships for research regarding the
117prevention, diagnosis, treatment, and cure of tobacco-related
118diseases by the James and Esther King Biomedical Research
119Program.
120     3.  Funds deposited into the trust fund pursuant to the
121William G. "Bill" Bankhead, Jr., and David Coley Cancer Research
122Program as specified in s. 381.922 shall be used for the purpose
123of awarding grants for cancer research by the William G. "Bill"
124Bankhead, Jr., and David Coley Cancer Research Program.
125     4.  All other funds deposited into the trust fund shall be
126used for the purpose of awarding grants and fellowships for
127biomedical research regarding the prevention, diagnosis,
128treatment, and cure of the most deadly and widespread
129nontobacco-related acute, chronic, and degenerative diseases by
130the James and Esther King Biomedical Research Program as
131specified in s. 215.5602(2)(b) and (12)(b).
132     5.2.  Notwithstanding the provisions of s. 216.301 and
133pursuant to s. 216.351, any balance in the trust fund at the end
134of any fiscal year shall remain in the trust fund at the end of
135the year and shall be available for carrying out the purposes of
136the trust fund. The department may invest these funds
137independently through the Chief Financial Officer or may
138negotiate a trust agreement with the State Board of
139Administration for the investment management of any balance in
140the trust fund.
141     6.3.  Notwithstanding s. 216.301 and pursuant to s.
142216.351, any balance of any appropriation from the Biomedical
143Research Trust Fund which is not disbursed but which is
144obligated pursuant to contract or committed to be expended may
145be carried forward for up to 5 3 years following the effective
146date of the original appropriation.
147     Section 2.  Paragraph (e) of subsection (5) of section
148215.5601, Florida Statutes, is amended to read:
149     215.5601  Lawton Chiles Endowment Fund.--
150     (5)  AVAILABILITY OF FUNDS; USES.--
151     (e)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
152all unencumbered balances of appropriations from each
153department's respective Tobacco Settlement Trust Fund as of June
15430 or undisbursed balances as of December 31 shall revert to the
155endowment's principal. Unencumbered balances in the Biomedical
156Research Trust Fund shall be managed as provided in s.
15720.435(1)(h)5.2.
158     Section 3.  Section 215.5602, Florida Statutes, is amended
159to read:
160     215.5602  James and Esther King Biomedical Research
161Program.--
162     (1)  There is established within the Department of Health
163the James and Esther King Biomedical Research Program funded by
164the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
165215.5601. The purpose of the James and Esther King Biomedical
166Research Program is to provide an annual and perpetual source of
167funding in order to support research initiatives that address
168the health care problems of Floridians in the areas of tobacco-
169related cancer, cardiovascular disease, stroke, and pulmonary
170disease and nontobacco-related acute, chronic, and degenerative
171diseases, including cancer, cardiovascular disease, stroke,
172pulmonary disease, diabetes, autoimmune and genetic disorders,
173and neurological disorders, including Alzheimer's disease,
174epilepsy, and Parkinson's disease. The long-term goals of the
175program are to:
176     (a)  Improve the health of Floridians by researching better
177prevention, diagnoses, treatments, and cures for the most deadly
178and widespread acute, chronic, and degenerative diseases,
179including, but not limited to, tobacco-related diseases, cancer,
180cardiovascular disease, stroke, and pulmonary disease, diabetes,
181autoimmune and genetic disorders, and neurological disorders,
182including Alzheimer's disease, epilepsy, and Parkinson's
183disease.
184     (b)  Expand the foundation of biomedical knowledge relating
185to the prevention, diagnosis, treatment, and cure of tobacco-
186related diseases related to tobacco use, including cancer,
187cardiovascular disease, stroke, and pulmonary disease.
188     (c)  Expand the foundation of biomedical knowledge relating
189to the prevention, diagnosis, treatment, and cure of the most
190widespread acute, chronic, and degenerative diseases affecting
191Floridians, including, but not limited to, cancer,
192cardiovascular disease, stroke, pulmonary disease, diabetes,
193autoimmune and genetic disorders, and neurological disorders,
194including Alzheimer's disease, epilepsy, and Parkinson's
195disease.
196     (d)(c)  Improve the quality of the state's academic health
197centers by bringing the advances of biomedical research into the
198training of physicians and other health care providers.
199     (e)(d)  Increase the state's per capita funding for
200research by undertaking new initiatives in public health and
201biomedical research that will attract additional funding from
202outside the state.
203     (f)(e)  Stimulate economic activity in the state in areas
204related to biomedical research, such as the research and
205production of pharmaceuticals, biotechnology, and medical
206devices.
207     (2)(a)  Funds appropriated for the James and Esther King
208Biomedical Research Program pursuant to the Lawton Chiles
209Endowment Fund created in s. 215.5601 and additional funding
210provided under paragraph (12)(a) for research related to
211tobacco-related diseases shall be credited to the Biomedical
212Research Trust Fund pursuant to s. 20.435 and shall be used
213exclusively for the award of grants and fellowships related to
214the prevention, diagnosis, treatment, and cure of tobacco-
215related diseases, including cancer, cardiovascular disease,
216stroke, and pulmonary disease and for expenses incurred in the
217administration of this section. Priority shall be granted to
218research designed to prevent or cure tobacco-related diseases.
219     (b)  Beginning in fiscal year 2009-2010, and each fiscal
220year thereafter, all other funds appropriated for the James and
221Esther King Biomedical Research Program shall be credited to the
222Biomedical Research Trust Fund pursuant to s. 20.435 and shall
223be used exclusively for the award of grants and fellowships as
224established in this section; for research relating to the
225prevention, diagnosis, treatment, and cure of the most deadly
226and widespread acute, chronic, and degenerative nontobacco-
227related diseases affecting Floridians related to tobacco use,
228including cancer, cardiovascular disease, stroke, and pulmonary
229disease, diabetes, autoimmune and genetic disorders, and
230neurological disorders, including Alzheimer's disease, epilepsy,
231and Parkinson's disease,; and for expenses incurred in the
232administration of this section. Priority shall be granted to
233research designed to prevent or cure disease.
234     (3)  There is created within the Department of Health the
235Biomedical Research Commission Advisory Council.
236     (a)  The commission council shall consist of 15 11 members,
237including: the chief executive officer of the Florida Division
238of the American Cancer Society, or a designee; the chief
239executive officer of the Greater Southeast Florida/Puerto Rico
240Affiliate of the American Heart Association, or a designee; and
241the chief executive officer of the American Lung Association of
242Florida, or a designee; the chief executive officer of the South
243Coastal Region of the American Diabetes Association, or a
244designee; and the president of the Florida Medical Association,
245or a designee. The remaining 10 8 members of the commission
246council shall be appointed as follows:
247     1.  The Governor shall appoint four members, two members
248with expertise in the field of biomedical research, one member
249from a research university in the state, and one member
250representing the general population of the state.
251     2.  The President of the Senate shall appoint three two
252members, one member with expertise in the field of behavioral or
253social research and two members representing volunteer health
254organizations operating in the state that focus on Alzheimer's
255disease, Parkinson's disease, epilepsy, stroke, or autoimmune
256and genetic disorders one representative from a cancer program
257approved by the American College of Surgeons.
258     3.  The Speaker of the House of Representatives shall
259appoint three two members, two members representing volunteer
260health organizations operating in the state that focus on
261Alzheimer's disease, Parkinson's disease, epilepsy, stroke, or
262autoimmune and genetic disorders one member from a professional
263medical organization and one member representing representative
264from a cancer program approved by the American College of
265Surgeons.
266
267In making these appointments, the Governor, the President of the
268Senate, and the Speaker of the House of Representatives shall
269select primarily, but not exclusively, Floridians with
270biomedical and lay expertise in the general areas of cancer,
271cardiovascular disease, stroke, and pulmonary disease, diabetes,
272autoimmune and genetic disorders, and neurological disorders,
273including Alzheimer's disease, epilepsy, and Parkinson's
274disease. The appointments shall be for a 3-year term and shall
275reflect the diversity of the state's population. An appointed
276member may not serve more than two consecutive terms.
277     (b)  Except for the William G. "Bill" Bankhead, Jr., and
278David Coley Cancer Research Program that expires June 30, 2011,
279pursuant to s. 381.922, beginning in fiscal year 2009-2010, and
280each fiscal year thereafter, funds appropriated for the James
281and Esther King Biomedical Research Program shall serve as the
282exclusive source of awarding grants or fellowships for
283biomedical research in the state using state funds. This
284paragraph does not preclude another grant or fellowship program
285created by state law from awarding grants from funds received
286from private or federal sources if permitted by state law.
287     (c)  The commission shall create committees to focus on
288disease-specific areas, including, but not limited to, tobacco-
289related diseases, cancer, stroke, cardiovascular disease,
290pulmonary disease, diabetes, autoimmune and genetic disorders,
291and neurological disorders, including Alzheimer's disease,
292epilepsy, and Parkinson's disease.
293     (d)(b)  The commission council shall adopt internal
294organizational procedures as necessary for its efficient
295organization, including policies and procedures regarding the
296creation and composition of the committees, the submission of
297reports and recommendations by committees regarding the awarding
298of grants and fellowships, coordination between the commission
299and committees, and the methods for receiving input from
300individuals, organizations, or entities that are not members of
301the commission or its committees regarding the prioritization of
302research.
303     (e)(c)  The department shall provide such staff,
304information, and other assistance as is reasonably necessary to
305assist the commission council in carrying out its
306responsibilities, including those of its committees.
307     (f)(d)  Members of the commission council shall serve
308without compensation, but may receive reimbursement as provided
309in s. 112.061 for travel and other necessary expenses incurred
310in the performance of their official duties, including attending
311committee meetings.
312     (4)  The commission council shall, after considering the
313recommendations of its committees, advise the State Surgeon
314General as to the direction and scope of the biomedical research
315program. The responsibilities of the commission council may
316include, but are not limited to:
317     (a)  Establishing Providing advice on program priorities
318and emphases.
319     (b)  Evaluating Providing advice on the overall program
320budget and making recommendations to the State Surgeon General
321and the Legislature regarding future appropriations.
322     (c)  Participating in periodic program evaluation.
323     (d)  Developing Assisting in the development of guidelines
324to ensure fairness, neutrality, and adherence to the principles
325of merit and quality in the conduct of the program.
326     (e)  Developing Assisting in the development of appropriate
327linkages to nonacademic entities, such as voluntary
328organizations, health care delivery institutions, industry,
329government agencies, and public officials.
330     (f)  Developing criteria and standards for the award of
331research grants.
332     (g)  Developing administrative procedures relating to
333solicitation, independent peer review, and award of research
334grants and fellowships, to ensure an impartial, high-quality,
335science-based peer review system.
336     (h)  Developing and supervising research peer review
337panels.
338     (i)  Reviewing reports of peer review panels and making
339recommendations for research grants and fellowships.
340     (j)  Developing and providing oversight regarding
341mechanisms for the dissemination of research results.
342     (5)(a)  Applications for biomedical research funding under
343the program may be submitted from any university or established
344research institute in the state. All qualified investigators in
345the state, regardless of institution affiliation, shall have
346equal access and opportunity to compete for the research
347funding.
348     (b)  Beginning in fiscal year 2008-2009, grants and
349fellowships shall be awarded by the State Surgeon General, after
350consultation with the commission council, on the basis of
351scientific merit, as determined by an open competitive peer
352review process that ensures objectivity, consistency, and high
353quality.
354     (c)  Beginning in fiscal year 2009-2010, and each fiscal
355year thereafter, the State Surgeon General shall submit to the
356Legislature by February 1 priority lists for the funding of both
357tobacco-related and nontobacco-related biomedical research by
358the Legislature based on the recommendations made by the
359commission after peer review and scoring of the applications
360received. Recommendations to the Legislature shall be in the
361form of lists submitted by the State Surgeon General of the
362commission's rank order of priority from the proposal with the
363highest priority through the proposal with the lowest priority,
364including the recommended dollar amount and duration for each
365proposal. The State Surgeon General may not reject or modify the
366commission's recommendations. Successful applicants shall be
367awarded grants or fellowships by the State Surgeon General based
368upon the recommendations of the commission and the final funding
369decision made by the Legislature. Funding for grant and
370fellowship applications for tobacco-related research shall be
371based upon funds available pursuant to paragraphs (2)(a) and
372(12)(a) and s. 215.5601.
373     (d)  Beginning in fiscal year 2009-2010, and each fiscal
374year thereafter, the commission's overall ranking of grant and
375fellowship applications shall be based on the score awarded to
376the proposal by peer reviewers on the basis of scientific merit
377through an open competitive peer review process that ensures
378objectivity, consistency, and high quality and the commission's
379determination of the following:
380     1.  The projected impact that the proposed research will
381have on the most deadly and widespread diseases affecting
382Floridians at the time the grant or fellowship is awarded;
383     2.  The likelihood or possibility that the proposed
384research will result in new treatment modalities or technology
385during the term of the grant or fellowship; and
386     3.  Whether the research proposed offers an efficient use
387of state funds in order to prevent or cure disease.
388     (e)  The following types of applications shall be
389considered for funding:
390     1.  Investigator-initiated research grants.
391     2.  Institutional research grants.
392     3.  Predoctoral and postdoctoral research fellowships.
393     (f)  The State Surgeon General shall award grants or
394fellowships for terms of 1 to 5 years. State funds shall only be
395provided for research that was applied for, reviewed, and
396recommended in accordance with this section.
397     (g)  Except for the William G. "Bill" Bankhead, Jr., and
398David Coley Cancer Research Program that expires June 30, 2011,
399pursuant to s. 381.922, beginning July 1, 2009, and each fiscal
400year thereafter, any program, board, commission, council,
401advisory group, agency, or entity created by state law that
402awards or recommends the award of grants or fellowships for
403biomedical research may not award grants or fellowships that
404require the use of state funds and, instead, shall make any
405recommendation to the commission and its committees for the
406prioritization and award of grants and fellowships through the
407James and Esther King Biomedical Research Program.
408     (6)  To ensure that all proposals for research funding are
409appropriate and are evaluated fairly on the basis of scientific
410merit, the State Surgeon General, in consultation with the
411commission council, shall appoint a peer review panel of
412independent, scientifically qualified individuals to review the
413scientific content of each proposal and establish its scientific
414priority score. The priority scores shall be forwarded to the
415commission and its committees council and must be considered in
416determining which proposals shall be recommended for funding.
417     (7)  The commission, the committees, council and the peer
418review panel shall establish and follow rigorous guidelines for
419ethical conduct and adhere to a strict policy with regard to
420conflict of interest. A member of the commission, committee,
421council or panel may not participate in any discussion or
422decision with respect to a research proposal by any firm,
423entity, or agency with which the member is associated as a
424member of the governing body or as an employee, or with which
425the member has entered into a contractual arrangement. Meetings
426of the commission, committees, council and the peer review
427panels shall be subject to the provisions of chapter 119, s.
428286.011, and s. 24, Art. I of the State Constitution.
429     (8)  The department may contract on a competitive-bid basis
430with an appropriate entity to administer the program.
431Administrative expenses may not exceed 15 percent of the total
432funds available to the program in any given year. Effective July
4331, 2009, administrative expenses may not exceed 10 percent of
434the total funds available to the program in any given year.
435Effective July 1, 2011, administrative expenses may not exceed 5
436percent of the total funds available to the program in any given
437year.
438     (9)  The department, after consultation with the commission
439council, may adopt rules pursuant to ss. 120.536(1) and 120.54
440as necessary to implement this section.
441     (10)  In addition to its recommendations regarding
442appropriations for the award of grants and fellowships to the
443State Surgeon General and the Legislature, the commission
444council shall submit an annual progress report on the state of
445biomedical research in this state to the Florida Center for
446Universal Research to Eradicate Disease and to the Governor, the
447State Surgeon General, the President of the Senate, and the
448Speaker of the House of Representatives by February 1. The
449report must include:
450     (a)  A list of current research projects supported by
451grants or fellowships awarded under the program.
452     (b)  A list of recipients of program grants or fellowships.
453     (c)  A list of publications in peer-reviewed peer reviewed
454journals involving research supported by grants or fellowships
455awarded under the program.
456     (d)  The total amount of biomedical research funding
457currently flowing into the state.
458     (e)  New grants for biomedical research which were funded
459based on research supported by grants or fellowships awarded
460under the program.
461     (f)  Progress in the prevention, diagnosis, treatment, and
462cure of the most deadly and widespread acute, chronic, and
463degenerative tobacco-related and nontobacco-related diseases
464affecting Floridians diseases related to tobacco use, including
465cancer, cardiovascular disease, stroke, and pulmonary disease,
466diabetes, autoimmune and genetic disorders, and neurological
467disorders, including Alzheimer's disease, epilepsy, and
468Parkinson's disease.
469     (11)  The commission council shall award grants for cancer
470research through the William G. "Bill" Bankhead, Jr., and David
471Coley Cancer Research Program created in s. 381.922. This
472subsection expires June 30, 2011.
473     (12)(a)  Beginning in fiscal year 2006-2007, the sum of $6
474million is appropriated annually from recurring funds in the
475General Revenue Fund to the Biomedical Research Trust Fund
476within the Department of Health for purposes of the award of
477grants and fellowships by the James and Esther King Biomedical
478Research Program for research relating to tobacco-related
479diseases pursuant to this section. From these funds up to
480$250,000 shall be available for the operating costs of the
481Florida Center for Universal Research to Eradicate Disease.
482     (b)  Beginning in fiscal year 2009-2010, and each fiscal
483year thereafter, the Legislature may appropriate funds from
484recurring funds in the General Revenue Fund to the Biomedical
485Research Trust Fund within the Department of Health for purposes
486of the award of grants and fellowships by the James and Esther
487King Biomedical Research Program for research of the most deadly
488and widespread nontobacco-related acute, chronic, and
489degenerative diseases pursuant to this section. Any research
490grant or fellowship awarded for Alzheimer's research pursuant to
491this section shall be named a "Johnnie B. Byrd, Sr. Alzheimer's
492Grant." Any research grant or fellowship awarded for cancer
493research pursuant to this section shall be named a "Bankhead-
494Coley Cancer Grant."
495     (13)  This section does not apply to the 21st Century World
496Class Scholars, Centers of Excellence, or State University
497Research Commercialization Assistance Grant Programs established
498under s. 1004.226; to the University Major Gifts Program
499established under s. 1011.94; or to the use of general operating
500funds appropriated to universities.
501     (14)(13)  By June 1, 2014 2009, the Division of Statutory
502Revision of the Office of Legislative Services shall certify to
503the President of the Senate and the Speaker of the House of
504Representatives the language and statutory citation of this
505section, which is scheduled to expire January 1, 2016 2011.
506     (15)(14)  The Legislature shall review the performance, the
507outcomes, and the financial management of the James and Esther
508King Biomedical Research Program during the 2015 2010 Regular
509Session of the Legislature and shall determine the most
510appropriate funding source and means of funding the program
511based on its review.
512     (16)(15)  This section expires January 1, 2016 2011, unless
513reviewed and reenacted by the Legislature before that date.
514     Section 4.  Subsection (3) of section 381.79, Florida
515Statutes, is amended to read:
516     381.79  Brain and Spinal Cord Injury Program Trust Fund.--
517     (3)  Annually, 5 percent of the revenues deposited monthly
518in the fund pursuant to s. 318.21(2)(d) shall be appropriated to
519the University of Florida and 5 percent to the University of
520Miami for spinal cord injury and brain injury research. The
521amount to be distributed to the universities shall be calculated
522based on the deposits into the fund for each quarter in the
523fiscal year, but may not exceed $500,000 per university per
524year. Funds distributed under this subsection shall be made in
525quarterly payments at the end of each quarter during the fiscal
526year. This subsection expires June 30, 2009.
527     Section 5.  Paragraph (h) is added to subsection (4) of
528section 381.853, Florida Statutes, to read:
529     381.853  Florida Center for Brain Tumor Research.--
530     (4)  The Florida Center for Brain Tumor Research is
531established within the Evelyn F. and William L. McKnight Brain
532Institute of the University of Florida.
533     (h)  Beginning in fiscal year 2009-2010, and each fiscal
534year thereafter, if the center seeks to conduct biomedical
535research using state funds, the center shall apply for funding
536through the James and Esther King Biomedical Research Program
537pursuant to s. 215.5602.
538     Section 6.  Paragraph (a) of subsection (5) of section
539381.855, Florida Statutes, is amended, and paragraphs (n), (o),
540and (p) are added to subsection (3) of that section, to read:
541     381.855  Florida Center for Universal Research to Eradicate
542Disease.--
543     (3)  There is established within the Department of Health
544the Florida Center for Universal Research to Eradicate Disease,
545which shall be known as "CURED."
546     (n)  The center shall identify ways to attract new research
547talent and attendant national grant producing researchers to
548research facilities in this state.
549     (o)  If funds are specifically appropriated by the
550Legislature, the center shall disseminate information to
551Floridians and treatment providers about specified diseases and
552conditions and available methods of preventing, diagnosing,
553treating, and curing those diseases and conditions.
554     (p)  The center shall provide information regarding
555research needs in the state to the Biomedical Research
556Commission located in the James and Esther King Biomedical
557Research Program.
558     (5)  There is established within the center an advisory
559council that shall meet at least annually.
560     (a)  The council shall consist of one representative from a
561Florida not-for-profit institution engaged in basic and clinical
562biomedical research and education which receives more than $10
563million in annual grant funding from the National Institutes of
564Health, to be appointed by the State Surgeon General from a
565different institution each term, and one representative from and
566appointed by each of the following entities:
567     1.  Enterprise Florida, Inc.
568     2.  BioFlorida.
569     3.  The Biomedical Research Commission Advisory Council.
570     4.  The Florida Medical Foundation.
571     5.  Pharmaceutical Research and Manufacturers of America.
572     6.  The Florida Cancer Council.
573     6.7.  The American Cancer Society, Florida Division, Inc.
574     7.8.  The American Heart Association.
575     8.9.  The American Lung Association of Florida.
576     9.10.  The American Diabetes Association, South Coastal
577Region.
578     10.11.  The Alzheimer's Association.
579     11.12.  The Epilepsy Foundation.
580     12.13.  The National Parkinson Foundation.
581     14.  The Florida Public Health Foundation, Inc.
582     13.15.  The Florida Research Consortium.
583     Section 7.  Subsections (2), (3), and (4) of section
584381.911, Florida Statutes, are amended to read:
585     381.911  Prostate Cancer Awareness Program.--
586     (2)  For purposes of implementing the program, the
587Department of Health and the Florida Public Health Foundation,
588Inc., may:
589     (a)  Conduct activities directly or enter into a contract
590with a qualified nonprofit community education entity.
591     (b)  Seek any available gifts, grants, or funds from the
592state, the Federal Government, philanthropic foundations, and
593industry or business groups.
594     (3)  A prostate cancer advisory committee is created to
595advise and assist the Department of Health and the Florida
596Public Health Foundation, Inc., in implementing the program.
597     (a)  The State Surgeon General shall appoint the advisory
598committee members, who shall consist of:
599     1.  Three persons from prostate cancer survivor groups or
600cancer-related advocacy groups.
601     2.  Three persons who are scientists or clinicians from
602public universities or research organizations.
603     3.  Three persons who are engaged in the practice of a
604cancer-related medical specialty from health organizations
605committed to cancer research and control.
606     (b)  Members shall serve without compensation but are
607entitled to reimbursement, pursuant to s. 112.061, for per diem
608and travel expenses incurred in the performance of their
609official duties.
610     (4)  The program shall coordinate its efforts with those of
611the Florida Public Health Foundation, Inc.
612     Section 8.  Section 381.922, Florida Statutes, is amended
613to read:
614     381.922  William G. "Bill" Bankhead, Jr., and David Coley
615Cancer Research Program.--
616     (1)  The William G. "Bill" Bankhead, Jr., and David Coley
617Cancer Research Program, which may be otherwise cited as the
618"Bankhead-Coley Program," is created within the Department of
619Health. The purpose of the program shall be to advance progress
620towards cures for cancer through grants awarded through a peer-
621reviewed, competitive process.
622     (2)  The program shall provide grants for cancer research
623to further the search for cures for cancer.
624     (a)  Emphasis shall be given to the goals that enumerated
625in s. 381.921, as those goals support the advancement of such
626cures.
627     (b)  Preference may be given to grant proposals that foster
628collaborations among institutions, researchers, and community
629practitioners, as such proposals support the advancement of
630cures through basic or applied research, including clinical
631trials involving cancer patients and related networks.
632     (3)(a)  Applications for funding for cancer research may be
633submitted by any university or established research institute in
634the state. All qualified investigators in the state, regardless
635of institutional affiliation, shall have equal access and
636opportunity to compete for the research funding. Collaborative
637proposals, including those that advance the program's goals
638enumerated in subsection (2), may be given preference.
639     (b)  For fiscal year 2008-2009, grants shall be awarded by
640the State Surgeon General, after consultation with the
641Biomedical Research Commission Advisory Council, on the basis of
642scientific merit through, as determined by an open, competitive
643peer review process that ensures objectivity, consistency, and
644high quality.
645     (c)  Beginning in fiscal year 2009-2010, and each fiscal
646year thereafter, the State Surgeon General shall submit to the
647Legislature by February 1 a priority list for cancer research
648funding by the Legislature based on the recommendations of the
649commission after peer review and scoring of the applications
650received. Recommendations to the Legislature shall be in the
651form of a list submitted by the State Surgeon General of the
652commission's rank order of priority from the proposal with the
653highest priority through the proposal with the lowest priority,
654including the recommended dollar amount and duration for each
655proposal. The State Surgeon General may not reject or modify the
656commission's recommendations. Successful applicants shall be
657awarded grants by the State Surgeon General based upon the
658recommendations of the commission and the final funding decision
659made by the Legislature.
660     (d)  Beginning in fiscal year 2009-2010, and each fiscal
661year thereafter, the commission's overall ranking of grant
662applications shall be based on the score awarded to the proposal
663by peer reviewers on the basis of scientific merit through an
664open competitive peer review process that ensures objectivity,
665consistency, and high quality and the commission's determination
666of the following:
667     1.  The projected impact that the proposed research will
668have on cancer research at the time the grant is awarded;
669     2.  The likelihood or possibility that the proposed
670research will result in new treatment modalities or technology
671during the term of the grant; and
672     3.  Whether the research proposed offers an efficient use
673of state funds in order to prevent or cure cancer.
674     (e)  The following types of applications shall be
675considered for funding:
676     1.  Investigator-initiated research grants.
677     2.  Institutional research grants.
678     3.  Collaborative research grants, including those that
679advance the finding of cures through basic or applied research.
680     (f)  Beginning in fiscal year 2009-2010, and each fiscal
681year thereafter, state funds shall only be provided for research
682that was applied for, reviewed, and recommended in accordance
683with this section.
684     (g)(b)  In order to ensure that all proposals for research
685funding are appropriate and are evaluated fairly on the basis of
686scientific merit, the State Surgeon General, in consultation
687with the commission council, shall appoint a peer review panel
688of independent, scientifically qualified individuals to review
689the scientific content of each proposal and establish its
690priority score. The priority scores shall be forwarded to the
691commission and its committees council and must be considered in
692determining which proposals shall be recommended for funding.
693     (h)(c)  The commission, the committees, council and the
694peer review panel shall establish and follow rigorous guidelines
695for ethical conduct and adhere to a strict policy with regard to
696conflicts of interest. A member of the commission, a committee,
697council or the panel may not participate in any discussion or
698decision with respect to a research proposal by any firm,
699entity, or agency with which the member is associated as a
700member of the governing body or as an employee or with which the
701member has entered into a contractual arrangement. Meetings of
702the commission, the committees, council and the peer review
703panels are subject to chapter 119, s. 286.011, and s. 24, Art. I
704of the State Constitution.
705     (4)  By December 15 of each year, the Department of Health
706shall submit to the Governor, the President of the Senate, and
707the Speaker of the House of Representatives a report indicating
708progress towards the program's mission and making
709recommendations that further its purpose.
710     (5)  Beginning in fiscal year 2006-2007, the sum of $9
711million is appropriated annually from recurring funds in the
712General Revenue Fund to the Biomedical Research Trust Fund
713within the Department of Health for purposes of the William G.
714"Bill" Bankhead, Jr., and David Coley Cancer Research Program
715and shall be distributed pursuant to this section to provide
716grants to researchers seeking cures for cancer, with emphasis
717given to the goals enumerated in s. 381.921. From the total
718funds appropriated, an amount of up to 10 percent may be used
719for administrative expenses.
720     (6)  By June 1, 2009, the Division of Statutory Revision of
721the Office of Legislative Services shall certify to the
722President of the Senate and the Speaker of the House of
723Representatives the language and statutory citation of this
724section, which is scheduled to expire January 1, 2011.
725     (7)  The Legislature shall review the performance, the
726outcomes, and the financial management of the William G. "Bill"
727Bankhead, Jr., and David Coley Cancer Research Program during
728the 2010 Regular Session of the Legislature and shall determine
729the most appropriate funding source and means of funding the
730program based on its review.
731     (6)(8)  This section expires June 30 January 1, 2011,
732unless reviewed and reenacted by the Legislature before that
733date.
734     Section 9.  Subsection (1) and paragraph (a) of subsection
735(2) of section 458.324, Florida Statutes, are amended to read:
736     458.324  Breast cancer; information on treatment
737alternatives.--
738     (1)  DEFINITION.--As used in this section, the term
739"medically viable," as applied to treatment alternatives, means
740modes of treatment generally considered by the medical
741profession to be within the scope of current, acceptable
742standards, including treatment alternatives described in the
743written summary prepared by the Florida Cancer Control and
744Research Advisory Council in accordance with s. 1004.435(4)(m).
745     (2)  COMMUNICATION OF TREATMENT ALTERNATIVES.--Each
746physician treating a patient who is, or in the judgment of the
747physician is at high risk of being, diagnosed as having breast
748cancer shall inform such patient of the medically viable
749treatment alternatives available to such patient; shall describe
750such treatment alternatives; and shall explain the relative
751advantages, disadvantages, and risks associated with the
752treatment alternatives to the extent deemed necessary to allow
753the patient to make a prudent decision regarding such treatment
754options. In compliance with this subsection:
755     (a)  The physician may, in his or her discretion:
756     1.  Orally communicate such information directly to the
757patient or the patient's legal representative;
758     2.  Provide the patient or the patient's legal
759representative with a copy of a the written summary prepared in
760accordance with s. 1004.435(4)(m) and express a willingness to
761discuss the summary with the patient or the patient's legal
762representative; or
763     3.  Both communicate such information directly and provide
764a copy of the written summary to the patient or the patient's
765legal representative for further consideration and possible
766later discussion.
767
768Nothing in this subsection shall reduce other provisions of law
769regarding informed consent.
770     Section 10.  Subsection (1) and paragraph (a) of subsection
771(2) of section 459.0125, Florida Statutes, are amended to read:
772     459.0125  Breast cancer; information on treatment
773alternatives.--
774     (1)  DEFINITION.--As used in this section, the term
775"medically viable," as applied to treatment alternatives, means
776modes of treatment generally considered by the medical
777profession to be within the scope of current, acceptable
778standards, including treatment alternatives described in the
779written summary prepared by the Florida Cancer Control and
780Research Advisory Council in accordance with s. 1004.435(4)(m).
781     (2)  COMMUNICATION OF TREATMENT ALTERNATIVES.--It is the
782obligation of every physician treating a patient who is, or in
783the judgment of the physician is at high risk of being,
784diagnosed as having breast cancer to inform such patient of the
785medically viable treatment alternatives available to such
786patient; to describe such treatment alternatives; and to explain
787the relative advantages, disadvantages, and risks associated
788with the treatment alternatives to the extent deemed necessary
789to allow the patient to make a prudent decision regarding such
790treatment options. In compliance with this subsection:
791     (a)  The physician may, in her or his discretion:
792     1.  Orally communicate such information directly to the
793patient or the patient's legal representative;
794     2.  Provide the patient or the patient's legal
795representative with a copy of a the written summary prepared in
796accordance with s. 1004.435(4)(m) and express her or his
797willingness to discuss the summary with the patient or the
798patient's legal representative; or
799     3.  Both communicate such information directly and provide
800a copy of the written summary to the patient or the patient's
801legal representative for further consideration and possible
802later discussion.
803
804Nothing in this subsection shall reduce other provisions of law
805regarding informed consent.
806     Section 11.  Subsections (7), (8), and (12) of section
8071004.445, Florida Statutes, as amended by chapter 2007-332, Laws
808of Florida, are amended to read:
809     1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
810Research Institute.--
811     (7)  The board of directors of the not-for-profit
812corporation shall create a council of scientific advisers to the
813chief executive officer comprised of leading researchers,
814physicians, and scientists. The council shall review programs
815and recommend research priorities and initiatives to maximize
816the state's investment in the institute. The members of the
817council shall be appointed by the board of directors of the not-
818for-profit corporation. Each member of the council shall be
819appointed to serve a 2-year term and may be reappointed to the
820council. This subsection expires on June 30, 2009.
821     (8)(a)  Applications for Alzheimer's disease research
822funding may be submitted from any university or established
823research institute in the state. All qualified investigators in
824the state, regardless of institutional affiliation, shall have
825equal access and opportunity to compete for the research
826funding. Grants shall be awarded by the board of directors of
827the not-for-profit corporation on the basis of scientific merit,
828as determined by an open, competitive peer review process that
829ensures objectivity, consistency, and high quality. The
830following types of applications shall be considered for funding:
831     1.  Investigator-initiated research grants.
832     2.  Institutional research grants.
833     3.  Collaborative research grants, including those that
834advance the finding of cures through basic or applied research.
835     (b)  Preference may be given to grant proposals that foster
836collaboration among institutions, researchers, and community
837practitioners because these proposals support the advancement of
838cures through basic or applied research, including clinical
839trials involving Alzheimer's patients and related networks.
840     (c)  To ensure that all proposals for research funding are
841appropriate and are evaluated fairly on the basis of scientific
842merit, the board of directors of the not-for-profit corporation,
843in consultation with the council of scientific advisors, shall
844appoint a peer review panel of independent, scientifically
845qualified individuals to review the scientific content of each
846proposal and establish its scientific priority score. The
847priority scores shall be forwarded to the council and must be
848considered by the board of directors of the not-for-profit
849corporation in determining which proposals shall be recommended
850for funding.
851     (d)  The council of scientific advisors and the peer review
852panel shall establish and follow rigorous guidelines for ethical
853conduct and adhere to a strict policy with regard to conflict of
854interest. All employees, members of the board of directors, and
855affiliates of the not-for-profit corporation shall follow the
856same rigorous guidelines for ethical conduct and shall adhere to
857the same strict policy with regard to conflict of interest. A
858member of the council or panel may not participate in any
859discussion or decision with respect to a research proposal by
860any firm, entity, or agency with which the member is associated
861as a member of the governing body or as an employee or with
862which the member has entered into a contractual arrangement.
863Meetings of the council and the peer review panels are subject
864to chapter 119, s. 286.011, and s. 24, Art. I of the State
865Constitution.
866     (e)  This subsection expires on June 30, 2009.
867     (12)(a)  Beginning in fiscal year 2008-2009 2007-2008, the
868sum of $3.75 $13.5 million is appropriated annually from
869recurring funds in the General Revenue Fund to the Grants and
870Donations Trust Fund within the Department of Elderly Affairs
871for the Johnnie B. Byrd, Sr., Alzheimer's Center and Research
872Institute at the University of South Florida for the purposes as
873provided under paragraph (6)(a), conducting and supporting
874research, providing institutional research grants and
875investigator-initiated research grants, developing and operating
876integrated data projects, and providing assistance to
877statutorily designated memory disorder clinics as provided under
878s. 430.502. Not less than 80 percent of the appropriated funds
879shall be expended for these purposes, and not less than 20
880percent of the appropriated funds shall be expended for peer-
881reviewed investigator-initiated research grants.
882     (b)  Beginning in fiscal year 2009-2010, and each fiscal
883year thereafter, the sum appropriated in paragraph (a) shall be
884used for programs that fulfill the mission of the institute in
885education, treatment, prevention, and early detection of
886Alzheimer's disease, developing and operating integrated data
887projects, and providing assistance to statutorily designated
888memory disorder clinics. If the institute intends to conduct
889research using state funds, it shall compete for funding through
890the James and Esther King Biomedical Research Program pursuant
891to s. 215.5602.
892     Section 12.  Sections 381.0404, 381.85, 381.912, 381.92,
893381.921, 381.98, 381.981, and 1004.435, Florida Statutes, are
894repealed.
895     Section 13.  If any provision of this act or the
896application thereof to any person or circumstance is held
897invalid, the invalidity does not affect other provisions or
898applications of the act which can be given effect without the
899invalid provision or application, and to this end the provisions
900of this act are declared severable.
901     Section 14.  This act shall take effect July 1, 2008.


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