HJR 855

1
House Joint Resolution
2A joint resolution proposing the creation of Section 28 of
3Article X of the State Constitution to provide funding for
4embryonic stem cell research.
5
6Be It Resolved by the Legislature of the State of Florida:
7
8     That the following creation of Section 28 of Article X of
9the State Constitution is agreed to and shall be submitted to
10the electors of this state for approval or rejection at the next
11general election or at an earlier special election specifically
12authorized by law for that purpose:
13
ARTICLE X
14
MISCELLANEOUS
15     SECTION 28.  Funding of embryonic stem cell research.--
16     (a)  There is hereby appropriated from the General Revenue
17Fund to the Department of Health the sum of twenty million
18dollars in each of the ten fiscal years beginning with the year
19in which this amendment is adopted. With such funds, the
20Department of Health shall make grants for embryonic stem cell
21research using, or using the derivatives of, human embryos that,
22before or after formation, have been donated to medicine under
23donor instructions forbidding intrauterine embryo transfer.
24     (b)  For the purposes of this section, an embryo is deemed
25to be "donated to medicine" if and only, under conditions that
26satisfy applicable requirements for informed consent and do not
27involve financial inducement to any donor, the persons from
28whose cells the embryo originates give the embryo to another
29person under written instructions specifying that the recipient
30shall use the embryo for biomedical research or therapy. The
31term "financial inducement" includes any valuable consideration
32but excludes reimbursement for reasonable costs incurred in
33connection with a donation and reasonable compensation to a
34donor from whom an oocyte is recovered and to the donor of any
35other cell recovered by an invasive procedure for the
36preparation for and time, burden, and risk of such recovery.
37     (c)  The funds appropriated under this section shall be
38granted to nonprofit academic and other research institutions
39situated within the state. Grantees shall be chosen on the basis
40of a recommended ordering of applications by scientific merit as
41reckoned in a peer review process by disinterested experts in
42the relevant fields.
43     (d)  This section shall be self-executing and effective
44immediately upon adoption. This appropriation shall be
45nonlapsing such that any portion of a yearly appropriation not
46distributed shall accumulate for distribution in subsequent
47years. The Department of Health is authorized to adopt
48administrative rules for the implementation of this section.
49     BE IT FURTHER RESOLVED that the following statement be
50placed on the ballot:
51
CONSTITUTIONAL AMENDMENT
52
ARTICLE X, SECTION 28
53     FUNDING OF EMBRYONIC STEM CELL RESEARCH.--Proposing an
54amendment to the State Constitution to appropriate $20 million
55annually for 10 fiscal years for grants by the Department of
56Health to Florida nonprofit institutions to conduct embryonic
57stem cell research using, or using derivatives of, human embryos
58that, before or after formation, have been donated to medicine
59under donor instructions forbidding intrauterine embryo
60transfer. An embryo is deemed to be "donated to medicine" only
61if given without receipt of consideration other than cost
62reimbursement and compensation for recovery of donated cells.


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