CS/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 relating to tobacco-
23	related and nontobacco-related diseases to the State
24	Surgeon General; requiring the State Surgeon General to
25	provide 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; providing
40	for nonapplicability of James and Esther King Biomedical
41	Research Program requirements to specified programs and
42	the use of certain operating funds appropriated to
43	universities; extending the expiration date of the
44	program; amending s. 381.79, F.S.; providing for the
45	expiration of a provision relating to the distribution of
46	funds from the Brain and Spinal Cord Injury Program Trust
47	Fund; amending s. 381.853, F.S.; providing a requirement
48	for the Florida Center for Brain Tumor Research relating
49	to the use of state funds for biomedical research;
50	amending s. 381.855, F.S.; providing additional program
51	functions for the Florida Center for Universal Research to
52	Eradicate Disease; requiring the center to disseminate
53	certain information if an appropriation is made; requiring
54	the center to identify ways to attract students from
55	underserved communities for roles as health professionals
56	and researchers; conforming references to changes made by
57	the act; amending s. 381.911, F.S.; conforming references
58	to changes made by the act; amending s. 381.922, F.S.,
59	relating to the William G. "Bill" Bankhead, Jr., and David
60	Coley Cancer Research Program; creating a future
61	requirement for the commission to submit priorities for
62	funding cancer research to the State Surgeon General;
63	requiring the State Surgeon General to provide commission
64	funding priorities to the Legislature; providing
65	restrictions on the State Surgeon General; providing
66	criteria for ranking priorities; authorizing the State
67	Surgeon General to award grants; providing for the award
68	of grants upon a specific appropriation; prohibiting the
69	funding of research projects not in compliance with the
70	requirements of the section; conforming references to
71	changes made by the act; revising process and provisions
72	relating to future peer review of grant applications to
73	conform to the changes to the biomedical research program
74	made by the act; deleting a provision requiring the
75	Division of Statutory Revision within the Office of
76	Legislative Services to certify certain language and
77	citations related to the program; deleting a provision
78	requiring future legislative review of the program;
79	revising the expiration date of the program; amending ss.
80	458.324 and 459.0125, F.S.; conforming references to
81	changes made by the act; amending s. 1004.445, F.S.;
82	providing for the future repeal of specified provisions to
83	conform to changes made by the act; reducing
84	appropriations for fiscal year 2008-2009; providing for
85	and specifying use of future appropriations; repealing s.
86	381.0404, F.S., relating to the Center for Health
87	Technologies; repealing s. 381.85, F.S., relating to
88	biomedical and social research; repealing s. 381.912,
89	F.S., relating to the Cervical Cancer Elimination Task
90	Force; repealing s. 381.92, F.S., relating to the Florida
91	Cancer Council; repealing s. 381.921, F.S., relating to
92	the Florida Cancer Council; repealing s. 381.98, F.S.,
93	relating to the Florida Public Health Foundation, Inc.;
94	repealing s. 381.981, F.S., relating to health awareness
95	campaigns; repealing s. 1004.435, F.S., relating to cancer
96	control and research; providing for severability;
97	providing an effective date.
98
99	Be It Enacted by the Legislature of the State of Florida:
100
101	Section 1.  Paragraph (h) of subsection (1) of section
102	20.435, Florida Statutes, is amended to read:
103	20.435  Department of Health; trust funds.--
104	(1)  The following trust funds are hereby created, to be
105	administered by the Department of Health:
106	(h)  Biomedical Research Trust Fund.
107	1.  Funds to be credited to the trust fund shall consist of
108	funds deposited pursuant to s. 215.5601 and any other funds
109	appropriated by the Legislature. Funds shall be used for the
110	purposes of the James and Esther King Biomedical Research
111	Program and the William G. "Bill" Bankhead, Jr., and David Coley
112	Cancer Research Program as specified in ss. 215.5602, 288.955,
113	and 381.922. The trust fund is exempt from the service charges
114	imposed by s. 215.20.
115	2.  Funds deposited into the trust fund pursuant to s.
116	215.5601 and any other funds appropriated by the Legislature as
117	specified in s. 215.5602(12)(a) for research related to tobacco-
118	related diseases shall be used exclusively for the purpose of
119	awarding grants and fellowships for research regarding the
120	prevention, diagnosis, treatment, and cure of tobacco-related
121	diseases by the James and Esther King Biomedical Research
122	Program.
123	3.  Funds deposited into the trust fund pursuant to the
124	William G. "Bill" Bankhead, Jr., and David Coley Cancer Research
125	Program as specified in s. 381.922 shall be used for the purpose
126	of awarding grants for cancer research by the William G. "Bill"
127	Bankhead, Jr., and David Coley Cancer Research Program.
128	4.  All other funds deposited into the trust fund shall be
129	used for the purpose of awarding grants and fellowships for
130	biomedical research regarding the prevention, diagnosis,
131	treatment, and cure of the most deadly and widespread
132	nontobacco-related acute, chronic, and degenerative diseases by
133	the James and Esther King Biomedical Research Program as
134	specified in s. 215.5602(2)(b) and (12)(b).
135	5.2.  Notwithstanding the provisions of s. 216.301 and
136	pursuant to s. 216.351, any balance in the trust fund at the end
137	of any fiscal year shall remain in the trust fund at the end of
138	the year and shall be available for carrying out the purposes of
139	the trust fund. The department may invest these funds
140	independently through the Chief Financial Officer or may
141	negotiate a trust agreement with the State Board of
142	Administration for the investment management of any balance in
143	the trust fund.
144	6.3.  Notwithstanding s. 216.301 and pursuant to s.
145	216.351, any balance of any appropriation from the Biomedical
146	Research Trust Fund which is not disbursed but which is
147	obligated pursuant to contract or committed to be expended may
148	be carried forward for up to 5 3 years following the effective
149	date of the original appropriation.
150	Section 2.  Paragraph (e) of subsection (5) of section
151	215.5601, Florida Statutes, is amended to read:
152	215.5601  Lawton Chiles Endowment Fund.--
153	(5)  AVAILABILITY OF FUNDS; USES.--
154	(e)  Notwithstanding s. 216.301 and pursuant to s. 216.351,
155	all unencumbered balances of appropriations from each
156	department's respective Tobacco Settlement Trust Fund as of June
157	30 or undisbursed balances as of December 31 shall revert to the
158	endowment's principal. Unencumbered balances in the Biomedical
159	Research Trust Fund shall be managed as provided in s.
160	20.435(1)(h)5.2.
161	Section 3.  Section 215.5602, Florida Statutes, is amended
162	to read:
163	215.5602  James and Esther King Biomedical Research
164	Program.--
165	(1)  There is established within the Department of Health
166	the James and Esther King Biomedical Research Program funded by
167	the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
168	215.5601. The purpose of the James and Esther King Biomedical
169	Research Program is to provide an annual and perpetual source of
170	funding in order to support research initiatives that address
171	the health care problems of Floridians in the areas of tobacco-
172	related cancer, cardiovascular disease, stroke, and pulmonary
173	disease and nontobacco-related acute, chronic, and degenerative
174	diseases, including cancer, cardiovascular disease, stroke,
175	pulmonary disease, diabetes, autoimmune and genetic disorders,
176	and neurological disorders, including Alzheimer's disease,
177	epilepsy, and Parkinson's disease. The long-term goals of the
178	program are to:
179	(a)  Improve the health of Floridians by researching better
180	prevention, diagnoses, treatments, and cures for the most deadly
181	and widespread acute, chronic, and degenerative diseases,
182	including, but not limited to, tobacco-related diseases, cancer,
183	cardiovascular disease, stroke, and pulmonary disease, diabetes,
184	autoimmune and genetic disorders, and neurological disorders,
185	including Alzheimer's disease, epilepsy, and Parkinson's
186	disease.
187	(b)  Expand the foundation of biomedical knowledge relating
188	to the prevention, diagnosis, treatment, and cure of tobacco-
189	related diseases related to tobacco use, including cancer,
190	cardiovascular disease, stroke, and pulmonary disease.
191	(c)  Expand the foundation of biomedical knowledge relating
192	to the prevention, diagnosis, treatment, and cure of the most
193	widespread acute, chronic, and degenerative diseases affecting
194	Floridians, including, but not limited to, cancer,
195	cardiovascular disease, stroke, pulmonary disease, diabetes,
196	autoimmune and genetic disorders, and neurological disorders,
197	including Alzheimer's disease, epilepsy, and Parkinson's
198	disease.
199	(d)  Expand the foundation of biomedical knowledge relating
200	to the deadly and most widespread acute, chronic, and
201	degenerative diseases and identify biomedical solutions
202	regarding health disparities that exist in relation to these
203	diseases.
204	(e)(c)  Improve the quality of the state's academic health
205	centers by bringing the advances of biomedical research into the
206	training of physicians and other health care providers.
207	(f)(d)  Increase the state's per capita funding for
208	research by undertaking new initiatives in public health and
209	biomedical research that will attract additional funding from
210	outside the state.
211	(g)(e)  Stimulate economic activity in the state in areas
212	related to biomedical research, such as the research and
213	production of pharmaceuticals, biotechnology, and medical
214	devices.
215	(2)(a)  Funds appropriated for the James and Esther King
216	Biomedical Research Program pursuant to the Lawton Chiles
217	Endowment Fund created in s. 215.5601 and additional funding
218	provided under paragraph (12)(a) for research related to
219	tobacco-related diseases shall be credited to the Biomedical
220	Research Trust Fund pursuant to s. 20.435 and shall be used
221	exclusively for the award of grants and fellowships related to
222	the prevention, diagnosis, treatment, and cure of tobacco-
223	related diseases, including cancer, cardiovascular disease,
224	stroke, and pulmonary disease and for expenses incurred in the
225	administration of this section. Priority shall be granted to
226	research designed to prevent or cure tobacco-related diseases.
227	(b)  Beginning in fiscal year 2009-2010, and each fiscal
228	year thereafter, all other funds appropriated for the James and
229	Esther King Biomedical Research Program shall be credited to the
230	Biomedical Research Trust Fund pursuant to s. 20.435 and shall
231	be used exclusively for the award of grants and fellowships as
232	established in this section; for research relating to the
233	prevention, diagnosis, treatment, and cure of the most deadly
234	and widespread acute, chronic, and degenerative nontobacco-
235	related diseases affecting Floridians related to tobacco use,
236	including cancer, cardiovascular disease, stroke, and pulmonary
237	disease, diabetes, autoimmune and genetic disorders, and
238	neurological disorders, including Alzheimer's disease, epilepsy,
239	and Parkinson's disease,; and for expenses incurred in the
240	administration of this section. Priority shall be granted to
241	research designed to prevent or cure disease.
242	(3)  There is created within the Department of Health the
243	Biomedical Research Commission Advisory Council.
244	(a)  The commission council shall consist of 15 11 members,
245	including: the chief executive officer of the Florida Division
246	of the American Cancer Society, or a designee; the chief
247	executive officer of the Greater Southeast Florida/Puerto Rico
248	Affiliate of the American Heart Association, or a designee; and
249	the chief executive officer of the American Lung Association of
250	Florida, or a designee; the chief executive officer of the South
251	Coastal Region of the American Diabetes Association, or a
252	designee; and the president of the Florida Medical Association,
253	or a designee. The remaining 10 8 members of the commission
254	council shall be appointed as follows:
255	1.  The Governor shall appoint four members, two members
256	with expertise in the field of biomedical research, one member
257	from a research university in the state, and one member
258	representing the general population of the state.
259	2.  The President of the Senate shall appoint three two
260	members, one member with expertise in the field of behavioral or
261	social research and two members representing volunteer health
262	organizations operating in the state that focus on Alzheimer's
263	disease, Parkinson's disease, epilepsy, stroke, or autoimmune
264	and genetic disorders one representative from a cancer program
265	approved by the American College of Surgeons.
266	3.  The Speaker of the House of Representatives shall
267	appoint three two members, two members representing volunteer
268	health organizations operating in the state that focus on
269	Alzheimer's disease, Parkinson's disease, epilepsy, stroke, or
270	autoimmune and genetic disorders one member from a professional
271	medical organization and one member representing representative
272	from a cancer program approved by the American College of
273	Surgeons.
274
275	In making these appointments, the Governor, the President of the
276	Senate, and the Speaker of the House of Representatives shall
277	select primarily, but not exclusively, Floridians with
278	biomedical and lay expertise in the general areas of cancer,
279	cardiovascular disease, stroke, and pulmonary disease, diabetes,
280	autoimmune and genetic disorders, and neurological disorders,
281	including Alzheimer's disease, epilepsy, and Parkinson's
282	disease. The appointments shall be for a 3-year term and shall
283	reflect the diversity of the state's population. An appointed
284	member may not serve more than two consecutive terms.
285	(b)  Except for the William G. "Bill" Bankhead, Jr., and
286	David Coley Cancer Research Program that expires June 30, 2011,
287	pursuant to s. 381.922, beginning in fiscal year 2009-2010, and
288	each fiscal year thereafter, funds appropriated for the James
289	and Esther King Biomedical Research Program shall serve as the
290	exclusive source of awarding grants or fellowships for
291	biomedical research in the state using state funds. This
292	paragraph does not preclude another grant or fellowship program
293	created by state law from awarding grants from funds received
294	from private or federal sources if permitted by state law.
295	(c)  The commission shall create committees to focus on
296	disease-specific areas, including, but not limited to, tobacco-
297	related diseases, cancer, stroke, cardiovascular disease,
298	pulmonary disease, diabetes, autoimmune and genetic disorders,
299	and neurological disorders, including Alzheimer's disease,
300	epilepsy, and Parkinson's disease.
301	(d)(b)  The commission council shall adopt internal
302	organizational procedures as necessary for its efficient
303	organization, including policies and procedures regarding the
304	creation and composition of the committees, the submission of
305	reports and recommendations by committees regarding the awarding
306	of grants and fellowships, coordination between the commission
307	and committees, and the methods for receiving input from
308	individuals, organizations, or entities that are not members of
309	the commission or its committees regarding the prioritization of
310	research.
311	(e)(c)  The department shall provide such staff,
312	information, and other assistance as is reasonably necessary to
313	assist the commission council in carrying out its
314	responsibilities, including those of its committees.
315	(f)(d)  Members of the commission council shall serve
316	without compensation, but may receive reimbursement as provided
317	in s. 112.061 for travel and other necessary expenses incurred
318	in the performance of their official duties, including attending
319	committee meetings.
320	(4)  The commission council shall, after considering the
321	recommendations of its committees, advise the State Surgeon
322	General as to the direction and scope of the biomedical research
323	program. The responsibilities of the commission council may
324	include, but are not limited to:
325	(a)  Establishing Providing advice on program priorities
326	and emphases.
327	(b)  Evaluating Providing advice on the overall program
328	budget and making recommendations to the State Surgeon General
329	and the Legislature regarding future appropriations.
330	(c)  Participating in periodic program evaluation.
331	(d)  Developing Assisting in the development of guidelines
332	to ensure fairness, neutrality, and adherence to the principles
333	of merit and quality in the conduct of the program.
334	(e)  Developing Assisting in the development of appropriate
335	linkages to nonacademic entities, such as voluntary
336	organizations, health care delivery institutions, industry,
337	government agencies, and public officials.
338	(f)  Developing criteria and standards for the award of
339	research grants.
340	(g)  Developing administrative procedures relating to
341	solicitation, independent peer review, and award of research
342	grants and fellowships, to ensure an impartial, high-quality,
343	science-based peer review system.
344	(h)  Developing and supervising research peer review
345	panels.
346	(i)  Reviewing reports of peer review panels and making
347	recommendations for research grants and fellowships.
348	(j)  Developing and providing oversight regarding
349	mechanisms for the dissemination of research results.
350	(5)(a)  Applications for biomedical research funding under
351	the program may be submitted from any university or established
352	research institute in the state. All qualified investigators in
353	the state, regardless of institution affiliation, shall have
354	equal access and opportunity to compete for the research
355	funding.
356	(b)  Beginning in fiscal year 2008-2009, grants and
357	fellowships shall be awarded by the State Surgeon General, after
358	consultation with the commission council, on the basis of
359	scientific merit, as determined by an open competitive peer
360	review process that ensures objectivity, consistency, and high
361	quality.
362	(c)  Beginning in fiscal year 2009-2010, and each fiscal
363	year thereafter, the State Surgeon General shall submit to the
364	Legislature by February 1 priority lists for the funding of both
365	tobacco-related and nontobacco-related biomedical research by
366	the Legislature based on the recommendations made by the
367	commission after peer review and scoring of the applications
368	received. Recommendations to the Legislature shall be in the
369	form of lists submitted by the State Surgeon General of the
370	commission's rank order of priority from the proposal with the
371	highest priority through the proposal with the lowest priority,
372	including the recommended dollar amount and duration for each
373	proposal. The State Surgeon General may not reject or modify the
374	commission's recommendations. Successful applicants shall be
375	awarded grants or fellowships by the State Surgeon General based
376	upon the recommendations of the commission and the final funding
377	decision made by the Legislature. Funding for grant and
378	fellowship applications for tobacco-related research shall be
379	based upon funds available pursuant to paragraphs (2)(a) and
380	(12)(a) and s. 215.5601.
381	(d)  Beginning in fiscal year 2009-2010, and each fiscal
382	year thereafter, the commission's overall ranking of grant and
383	fellowship applications shall be based on the score awarded to
384	the proposal by peer reviewers on the basis of scientific merit
385	through an open competitive peer review process that ensures
386	objectivity, consistency, and high quality and the commission's
387	determination of the following:
388	1.  The projected impact that the proposed research will
389	have on the most deadly and widespread diseases affecting
390	Floridians at the time the grant or fellowship is awarded;
391	2.  The likelihood or possibility that the proposed
392	research will result in new treatment modalities or technology
393	during the term of the grant or fellowship; and
394	3.  Whether the research proposed offers an efficient use
395	of state funds in order to prevent or cure disease.
396	(e)  The following types of applications shall be
397	considered for funding:
398	1.  Investigator-initiated research grants.
399	2.  Institutional research grants.
400	3.  Predoctoral and postdoctoral research fellowships.
401	(f)  The State Surgeon General shall award grants or
402	fellowships for terms of 1 to 5 years. State funds shall only be
403	provided for research that was applied for, reviewed, and
404	recommended in accordance with this section.
405	(g)  Except for the William G. "Bill" Bankhead, Jr., and
406	David Coley Cancer Research Program that expires June 30, 2011,
407	pursuant to s. 381.922, beginning July 1, 2009, and each fiscal
408	year thereafter, any program, board, commission, council,
409	advisory group, agency, or entity created by state law that
410	awards or recommends the award of grants or fellowships for
411	biomedical research may not award grants or fellowships that
412	require the use of state funds and, instead, shall make any
413	recommendation to the commission and its committees for the
414	prioritization and award of grants and fellowships through the
415	James and Esther King Biomedical Research Program.
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 and nontobacco-related diseases
472	affecting Floridians diseases related to tobacco use, including
473	cancer, cardiovascular disease, stroke, and pulmonary disease,
474	diabetes, autoimmune and genetic disorders, and neurological
475	disorders, including Alzheimer's disease, epilepsy, and
476	Parkinson's 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)  This section does not apply to the 21st Century World
504	Class Scholars, Centers of Excellence, or State University
505	Research Commercialization Assistance Grant Programs established
506	under s. 1004.226; to the University Major Gifts Program
507	established under s. 1011.94; or to the use of general operating
508	funds appropriated to universities.
509	(14)(13)  By June 1, 2014 2009, the Division of Statutory
510	Revision of the Office of Legislative Services shall certify to
511	the President of the Senate and the Speaker of the House of
512	Representatives the language and statutory citation of this
513	section, which is scheduled to expire January 1, 2016 2011.
514	(15)(14)  The Legislature shall review the performance, the
515	outcomes, and the financial management of the James and Esther
516	King Biomedical Research Program during the 2015 2010 Regular
517	Session of the Legislature and shall determine the most
518	appropriate funding source and means of funding the program
519	based on its review.
520	(16)(15)  This section expires January 1, 2016 2011, unless
521	reviewed and reenacted by the Legislature before that date.
522	Section 4.  Subsection (3) of section 381.79, Florida
523	Statutes, is amended to read:
524	381.79  Brain and Spinal Cord Injury Program Trust Fund.--
525	(3)  Annually, 5 percent of the revenues deposited monthly
526	in the fund pursuant to s. 318.21(2)(d) shall be appropriated to
527	the University of Florida and 5 percent to the University of
528	Miami for spinal cord injury and brain injury research. The
529	amount to be distributed to the universities shall be calculated
530	based on the deposits into the fund for each quarter in the
531	fiscal year, but may not exceed $500,000 per university per
532	year. Funds distributed under this subsection shall be made in
533	quarterly payments at the end of each quarter during the fiscal
534	year. This subsection expires June 30, 2009.
535	Section 5.  Paragraph (h) is added to subsection (4) of
536	section 381.853, Florida Statutes, to read:
537	381.853  Florida Center for Brain Tumor Research.--
538	(4)  The Florida Center for Brain Tumor Research is
539	established within the Evelyn F. and William L. McKnight Brain
540	Institute of the University of Florida.
541	(h)  Beginning in fiscal year 2009-2010, and each fiscal
542	year thereafter, if the center seeks to conduct biomedical
543	research using state funds, the center shall apply for funding
544	through the James and Esther King Biomedical Research Program
545	pursuant to s. 215.5602.
546	Section 6.  Paragraph (a) of subsection (5) of section
547	381.855, Florida Statutes, is amended, and paragraphs (n), (o),
548	(p), and (q) are added to subsection (3) of that section, to
549	read:
550	381.855  Florida Center for Universal Research to Eradicate
551	Disease.--
552	(3)  There is established within the Department of Health
553	the Florida Center for Universal Research to Eradicate Disease,
554	which shall be known as "CURED."
555	(n)  The center shall identify ways to attract new research
556	talent and attendant national grant producing researchers to
557	research facilities in this state.
558	(o)  If funds are specifically appropriated by the
559	Legislature, the center shall disseminate information to
560	Floridians and treatment providers about specified diseases and
561	conditions and available methods of preventing, diagnosing,
562	treating, and curing those diseases and conditions.
563	(p)  The center shall provide information regarding
564	research needs in the state to the Biomedical Research
565	Commission located in the James and Esther King Biomedical
566	Research Program.
567	(q)  The center shall identify ways to attract students
568	from underserved communities for roles as health professionals
569	and researchers.
570	(5)  There is established within the center an advisory
571	council that shall meet at least annually.
572	(a)  The council shall consist of one representative from a
573	Florida not-for-profit institution engaged in basic and clinical
574	biomedical research and education which receives more than $10
575	million in annual grant funding from the National Institutes of
576	Health, to be appointed by the State Surgeon General from a
577	different institution each term, and one representative from and
578	appointed by each of the following entities:
579	1.  Enterprise Florida, Inc.
580	2.  BioFlorida.
581	3.  The Biomedical Research Commission Advisory Council.
582	4.  The Florida Medical Foundation.
583	5.  Pharmaceutical Research and Manufacturers of America.
584	6.  The Florida Cancer Council.
585	6.7.  The American Cancer Society, Florida Division, Inc.
586	7.8.  The American Heart Association.
587	8.9.  The American Lung Association of Florida.
588	9.10.  The American Diabetes Association, South Coastal
589	Region.
590	10.11.  The Alzheimer's Association.
591	11.12.  The Epilepsy Foundation.
592	12.13.  The National Parkinson Foundation.
593	14.  The Florida Public Health Foundation, Inc.
594	13.15.  The Florida Research Consortium.
595	Section 7.  Subsections (2), (3), and (4) of section
596	381.911, Florida Statutes, are amended to read:
597	381.911  Prostate Cancer Awareness Program.--
598	(2)  For purposes of implementing the program, the
599	Department of Health and the Florida Public Health Foundation,
600	Inc., may:
601	(a)  Conduct activities directly or enter into a contract
602	with a qualified nonprofit community education entity.
603	(b)  Seek any available gifts, grants, or funds from the
604	state, the Federal Government, philanthropic foundations, and
605	industry or business groups.
606	(3)  A prostate cancer advisory committee is created to
607	advise and assist the Department of Health and the Florida
608	Public Health Foundation, Inc., in implementing the program.
609	(a)  The State Surgeon General shall appoint the advisory
610	committee members, who shall consist of:
611	1.  Three persons from prostate cancer survivor groups or
612	cancer-related advocacy groups.
613	2.  Three persons who are scientists or clinicians from
614	public universities or research organizations.
615	3.  Three persons who are engaged in the practice of a
616	cancer-related medical specialty from health organizations
617	committed to cancer research and control.
618	(b)  Members shall serve without compensation but are
619	entitled to reimbursement, pursuant to s. 112.061, for per diem
620	and travel expenses incurred in the performance of their
621	official duties.
622	(4)  The program shall coordinate its efforts with those of
623	the Florida Public Health Foundation, Inc.
624	Section 8.  Section 381.922, Florida Statutes, is amended
625	to read:
626	381.922  William G. "Bill" Bankhead, Jr., and David Coley
627	Cancer Research Program.--
628	(1)  The William G. "Bill" Bankhead, Jr., and David Coley
629	Cancer Research Program, which may be otherwise cited as the
630	"Bankhead-Coley Program," is created within the Department of
631	Health. The purpose of the program shall be to advance progress
632	towards cures for cancer through grants awarded through a peer-
633	reviewed, competitive process.
634	(2)  The program shall provide grants for cancer research
635	to further the search for cures for cancer.
636	(a)  Emphasis shall be given to the goals that enumerated
637	in s. 381.921, as those goals support the advancement of such
638	cures.
639	(b)  Preference may be given to grant proposals that foster
640	collaborations among institutions, researchers, and community
641	practitioners, as such proposals support the advancement of
642	cures through basic or applied research, including clinical
643	trials involving cancer patients and related networks.
644	(3)(a)  Applications for funding for cancer research may be
645	submitted by any university or established research institute in
646	the state. All qualified investigators in the state, regardless
647	of institutional affiliation, shall have equal access and
648	opportunity to compete for the research funding. Collaborative
649	proposals, including those that advance the program's goals
650	enumerated in subsection (2), may be given preference.
651	(b)  For fiscal year 2008-2009, grants shall be awarded by
652	the State Surgeon General, after consultation with the
653	Biomedical Research Commission Advisory Council, on the basis of
654	scientific merit through, as determined by an open, competitive
655	peer review process that ensures objectivity, consistency, and
656	high quality.
657	(c)  Beginning in fiscal year 2009-2010, and each fiscal
658	year thereafter, the State Surgeon General shall submit to the
659	Legislature by February 1 a priority list for cancer research
660	funding by the Legislature based on the recommendations of the
661	commission after peer review and scoring of the applications
662	received. Recommendations to the Legislature shall be in the
663	form of a list submitted by the State Surgeon General of the
664	commission's rank order of priority from the proposal with the
665	highest priority through the proposal with the lowest priority,
666	including the recommended dollar amount and duration for each
667	proposal. The State Surgeon General may not reject or modify the
668	commission's recommendations. Successful applicants shall be
669	awarded grants by the State Surgeon General based upon the
670	recommendations of the commission and the final funding decision
671	made by the Legislature.
672	(d)  Beginning in fiscal year 2009-2010, and each fiscal
673	year thereafter, the commission's overall ranking of grant
674	applications shall be based on the score awarded to the proposal
675	by peer reviewers on the basis of scientific merit through an
676	open competitive peer review process that ensures objectivity,
677	consistency, and high quality and the commission's determination
678	of the following:
679	1.  The projected impact that the proposed research will
680	have on cancer research at the time the grant is awarded;
681	2.  The likelihood or possibility that the proposed
682	research will result in new treatment modalities or technology
683	during the term of the grant; and
684	3.  Whether the research proposed offers an efficient use
685	of state funds in order to prevent or cure cancer.
686	(e)  The following types of applications shall be
687	considered for funding:
688	1.  Investigator-initiated research grants.
689	2.  Institutional research grants.
690	3.  Collaborative research grants, including those that
691	advance the finding of cures through basic or applied research.
692	(f)  Beginning in fiscal year 2009-2010, and each fiscal
693	year thereafter, state funds shall only be provided for research
694	that was applied for, reviewed, and recommended in accordance
695	with this section.
696	(g)(b)  In order to ensure that all proposals for research
697	funding are appropriate and are evaluated fairly on the basis of
698	scientific merit, the State Surgeon General, in consultation
699	with the commission council, shall appoint a peer review panel
700	of independent, scientifically qualified individuals to review
701	the scientific content of each proposal and establish its
702	priority score. The priority scores shall be forwarded to the
703	commission and its committees council and must be considered in
704	determining which proposals shall be recommended for funding.
705	(h)(c)  The commission, the committees, council and the
706	peer review panel shall establish and follow rigorous guidelines
707	for ethical conduct and adhere to a strict policy with regard to
708	conflicts of interest. A member of the commission, a committee,
709	council or the panel may not participate in any discussion or
710	decision with respect to a research proposal by any firm,
711	entity, or agency with which the member is associated as a
712	member of the governing body or as an employee or with which the
713	member has entered into a contractual arrangement. Meetings of
714	the commission, the committees, council and the peer review
715	panels are subject to chapter 119, s. 286.011, and s. 24, Art. I
716	of the State Constitution.
717	(4)  By December 15 of each year, the Department of Health
718	shall submit to the Governor, the President of the Senate, and
719	the Speaker of the House of Representatives a report indicating
720	progress towards the program's mission and making
721	recommendations that further its purpose.
722	(5)  Beginning in fiscal year 2006-2007, the sum of $9
723	million is appropriated annually from recurring funds in the
724	General Revenue Fund to the Biomedical Research Trust Fund
725	within the Department of Health for purposes of the William G.
726	"Bill" Bankhead, Jr., and David Coley Cancer Research Program
727	and shall be distributed pursuant to this section to provide
728	grants to researchers seeking cures for cancer, with emphasis
729	given to the goals enumerated in s. 381.921. From the total
730	funds appropriated, an amount of up to 10 percent may be used
731	for administrative expenses.
732	(6)  By June 1, 2009, the Division of Statutory Revision of
733	the Office of Legislative Services shall certify to the
734	President of the Senate and the Speaker of the House of
735	Representatives the language and statutory citation of this
736	section, which is scheduled to expire January 1, 2011.
737	(7)  The Legislature shall review the performance, the
738	outcomes, and the financial management of the William G. "Bill"
739	Bankhead, Jr., and David Coley Cancer Research Program during
740	the 2010 Regular Session of the Legislature and shall determine
741	the most appropriate funding source and means of funding the
742	program based on its review.
743	(6)(8)  This section expires June 30 January 1, 2011,
744	unless reviewed and reenacted by the Legislature before that
745	date.
746	Section 9.  Subsection (1) and paragraph (a) of subsection
747	(2) of section 458.324, Florida Statutes, are amended to read:
748	458.324  Breast cancer; information on treatment
749	alternatives.--
750	(1)  DEFINITION.--As used in this section, the term
751	"medically viable," as applied to treatment alternatives, means
752	modes of treatment generally considered by the medical
753	profession to be within the scope of current, acceptable
754	standards, including treatment alternatives described in the
755	written summary prepared by the Florida Cancer Control and
756	Research Advisory Council in accordance with s. 1004.435(4)(m).
757	(2)  COMMUNICATION OF TREATMENT ALTERNATIVES.--Each
758	physician treating a patient who is, or in the judgment of the
759	physician is at high risk of being, diagnosed as having breast
760	cancer shall inform such patient of the medically viable
761	treatment alternatives available to such patient; shall describe
762	such treatment alternatives; and shall explain the relative
763	advantages, disadvantages, and risks associated with the
764	treatment alternatives to the extent deemed necessary to allow
765	the patient to make a prudent decision regarding such treatment
766	options. In compliance with this subsection:
767	(a)  The physician may, in his or her discretion:
768	1.  Orally communicate such information directly to the
769	patient or the patient's legal representative;
770	2.  Provide the patient or the patient's legal
771	representative with a copy of a the written summary prepared in
772	accordance with s. 1004.435(4)(m) and express a willingness to
773	discuss the summary with the patient or the patient's legal
774	representative; or
775	3.  Both communicate such information directly and provide
776	a copy of the written summary to the patient or the patient's
777	legal representative for further consideration and possible
778	later discussion.
779
780	Nothing in this subsection shall reduce other provisions of law
781	regarding informed consent.
782	Section 10.  Subsection (1) and paragraph (a) of subsection
783	(2) of section 459.0125, Florida Statutes, are amended to read:
784	459.0125  Breast cancer; information on treatment
785	alternatives.--
786	(1)  DEFINITION.--As used in this section, the term
787	"medically viable," as applied to treatment alternatives, means
788	modes of treatment generally considered by the medical
789	profession to be within the scope of current, acceptable
790	standards, including treatment alternatives described in the
791	written summary prepared by the Florida Cancer Control and
792	Research Advisory Council in accordance with s. 1004.435(4)(m).
793	(2)  COMMUNICATION OF TREATMENT ALTERNATIVES.--It is the
794	obligation of every physician treating a patient who is, or in
795	the judgment of the physician is at high risk of being,
796	diagnosed as having breast cancer to inform such patient of the
797	medically viable treatment alternatives available to such
798	patient; to describe such treatment alternatives; and to explain
799	the relative advantages, disadvantages, and risks associated
800	with the treatment alternatives to the extent deemed necessary
801	to allow the patient to make a prudent decision regarding such
802	treatment options. In compliance with this subsection:
803	(a)  The physician may, in her or his discretion:
804	1.  Orally communicate such information directly to the
805	patient or the patient's legal representative;
806	2.  Provide the patient or the patient's legal
807	representative with a copy of a the written summary prepared in
808	accordance with s. 1004.435(4)(m) and express her or his
809	willingness to discuss the summary with the patient or the
810	patient's legal representative; or
811	3.  Both communicate such information directly and provide
812	a copy of the written summary to the patient or the patient's
813	legal representative for further consideration and possible
814	later discussion.
815
816	Nothing in this subsection shall reduce other provisions of law
817	regarding informed consent.
818	Section 11.  Subsections (7), (8), and (12) of section
819	1004.445, Florida Statutes, as amended by chapter 2007-332, Laws
820	of Florida, are amended to read:
821	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
822	Research Institute.--
823	(7)  The board of directors of the not-for-profit
824	corporation shall create a council of scientific advisers to the
825	chief executive officer comprised of leading researchers,
826	physicians, and scientists. The council shall review programs
827	and recommend research priorities and initiatives to maximize
828	the state's investment in the institute. The members of the
829	council shall be appointed by the board of directors of the not-
830	for-profit corporation. Each member of the council shall be
831	appointed to serve a 2-year term and may be reappointed to the
832	council. This subsection expires on June 30, 2009.
833	(8)(a)  Applications for Alzheimer's disease research
834	funding may be submitted from any university or established
835	research institute in the state. All qualified investigators in
836	the state, regardless of institutional affiliation, shall have
837	equal access and opportunity to compete for the research
838	funding. Grants shall be awarded by the board of directors of
839	the not-for-profit corporation on the basis of scientific merit,
840	as determined by an open, competitive peer review process that
841	ensures objectivity, consistency, and high quality. The
842	following types of applications shall be considered for funding:
843	1.  Investigator-initiated research grants.
844	2.  Institutional research grants.
845	3.  Collaborative research grants, including those that
846	advance the finding of cures through basic or applied research.
847	(b)  Preference may be given to grant proposals that foster
848	collaboration among institutions, researchers, and community
849	practitioners because these proposals support the advancement of
850	cures through basic or applied research, including clinical
851	trials involving Alzheimer's patients and related networks.
852	(c)  To ensure that all proposals for research funding are
853	appropriate and are evaluated fairly on the basis of scientific
854	merit, the board of directors of the not-for-profit corporation,
855	in consultation with the council of scientific advisors, shall
856	appoint a peer review panel of independent, scientifically
857	qualified individuals to review the scientific content of each
858	proposal and establish its scientific priority score. The
859	priority scores shall be forwarded to the council and must be
860	considered by the board of directors of the not-for-profit
861	corporation in determining which proposals shall be recommended
862	for funding.
863	(d)  The council of scientific advisors and the peer review
864	panel shall establish and follow rigorous guidelines for ethical
865	conduct and adhere to a strict policy with regard to conflict of
866	interest. All employees, members of the board of directors, and
867	affiliates of the not-for-profit corporation shall follow the
868	same rigorous guidelines for ethical conduct and shall adhere to
869	the same strict policy with regard to conflict of interest. A
870	member of the council or panel may not participate in any
871	discussion or decision with respect to a research proposal by
872	any firm, entity, or agency with which the member is associated
873	as a member of the governing body or as an employee or with
874	which the member has entered into a contractual arrangement.
875	Meetings of the council and the peer review panels are subject
876	to chapter 119, s. 286.011, and s. 24, Art. I of the State
877	Constitution.
878	(e)  This subsection expires on June 30, 2009.
879	(12)(a)  Beginning in fiscal year 2008-2009 2007-2008, the
880	sum of $3.75 $13.5 million is appropriated annually from
881	recurring funds in the General Revenue Fund to the Grants and
882	Donations Trust Fund within the Department of Elderly Affairs
883	for the Johnnie B. Byrd, Sr., Alzheimer's Center and Research
884	Institute at the University of South Florida for the purposes as
885	provided under paragraph (6)(a), conducting and supporting
886	research, providing institutional research grants and
887	investigator-initiated research grants, developing and operating
888	integrated data projects, and providing assistance to
889	statutorily designated memory disorder clinics as provided under
890	s. 430.502. Not less than 80 percent of the appropriated funds
891	shall be expended for these purposes, and not less than 20
892	percent of the appropriated funds shall be expended for peer-
893	reviewed investigator-initiated research grants.
894	(b)  Beginning in fiscal year 2009-2010, and each fiscal
895	year thereafter, the sum appropriated in paragraph (a) shall be
896	used for programs that fulfill the mission of the institute in
897	education, treatment, prevention, and early detection of
898	Alzheimer's disease, developing and operating integrated data
899	projects, and providing assistance to statutorily designated
900	memory disorder clinics. If the institute intends to conduct
901	research using state funds, it shall compete for funding through
902	the James and Esther King Biomedical Research Program pursuant
903	to s. 215.5602.
904	Section 12.  Sections 381.0404, 381.85, 381.912, 381.92,
905	381.921, 381.98, 381.981, and 1004.435, Florida Statutes, are
906	repealed.
907	Section 13.  If any provision of this act or the
908	application thereof to any person or circumstance is held
909	invalid, the invalidity does not affect other provisions or
910	applications of the act which can be given effect without the
911	invalid provision or application, and to this end the provisions
912	of this act are declared severable.
913	Section 14.  This act shall take effect July 1, 2008.

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