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