Florida Senate - 2011                              CS for SB 720
       
       
       
       By the Committee on Higher Education; and Senator Gaetz
       
       
       
       
       589-03791-11                                           2011720c1
    1                        A bill to be entitled                      
    2         An act relating to cancer research and control;
    3         amending s. 20.435, F.S.; changing the carryforward
    4         period of certain funds of the Biomedical Research
    5         Trust Fund; amending s. 215.5602, F.S.; modifying the
    6         terms and membership and establishing a staggered
    7         membership for appointed members of the Biomedical
    8         Research Advisory Council; authorizing the council to
    9         recommend a portion of the allocation for the James
   10         and Esther King Biomedical Research Program for
   11         specified purposes and to develop a grant application
   12         and review mechanism; prohibiting any member of the
   13         council from participating in council or peer-review
   14         panel discussions or decisions regarding certain
   15         proposals; authorizing the Department of Health to
   16         accept and use gifts for awards under the program;
   17         amending s. 381.922, F.S.; revising the purpose of the
   18         William G. “Bill” Bankhead, Jr., and David Coley
   19         Cancer Research Program; revising the types of
   20         applications considered for funding; authorizing the
   21         Biomedical Research Advisory Council to recommend a
   22         portion of the allocation for the program for
   23         specified purposes and to develop a grant application
   24         and review mechanism; prohibiting any member of the
   25         council from participating in council or panel
   26         discussions or decisions regarding certain proposals;
   27         requiring the department to submit to the Governor and
   28         Legislature a report by a specified date; authorizing
   29         the Department of Health to accept and use gifts for
   30         awards under the program; creating s. 381.923, F.S.;
   31         creating the Florida Comprehensive Cancer Control Act;
   32         providing legislative intent; providing definitions;
   33         creating the Florida Cancer Control and Resource
   34         Advisory Council; providing membership of the council;
   35         providing the composition of the executive committee
   36         of the council; providing for terms of the council and
   37         meetings; providing for reimbursement for per diem and
   38         travel expenses; prohibiting a member of the council
   39         from participating in any discussion or decision to
   40         recommend any type of award or contract to any
   41         qualified nonprofit association or to any agency of
   42         this state or a political subdivision of the state
   43         with which the member is associated as an employee or
   44         as a member of the governing body or with which the
   45         member has entered into a contractual arrangement;
   46         providing the duties and responsibilities of the
   47         council; requiring the council to report findings and
   48         recommendations to the Governor, the Legislature, and
   49         the State Surgeon General; requiring the council to
   50         develop or purchase written summaries regarding
   51         medically viable treatment alternatives for the
   52         management of breast cancer and prostate cancer;
   53         providing requirements for the written summaries;
   54         requiring the council to develop and implement
   55         education programs regarding early detection and
   56         treatment of breast cancer and prostate cancer;
   57         requiring that the H. Lee Moffitt Cancer Center and
   58         Research Institute, Inc., provide an executive
   59         director for the council; authorizing the Department
   60         of Health to adopt rules to administer s. 381.923,
   61         F.S.; requiring the department to produce the Florida
   62         Cancer Plan in consultation with the council; creating
   63         the Cancer Control Collaborative Program within the
   64         Department of Health; providing the responsibility and
   65         mission of the program; requiring the department to
   66         appoint a director; providing duties for each regional
   67         cancer control collaborative; requiring the
   68         collaborative program to submit to the council an
   69         annual report by a specified date; requiring the
   70         program to serve as the infrastructure for expansion
   71         or adaption as federal programs or other opportunities
   72         arise for future cancer control initiatives; amending
   73         ss. 458.324 and 459.0125, F.S.; conforming cross
   74         references; repealing s. 1004.435, F.S., relating to
   75         cancer control and research; providing an effective
   76         date.
   77  
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Paragraph (c) of subsection (8) of section
   81  20.435, Florida Statutes, is amended to read:
   82         20.435 Department of Health; trust funds.—The following
   83  trust funds shall be administered by the Department of Health:
   84         (8) Biomedical Research Trust Fund.
   85         (c) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   86  any balance of any appropriation from the Biomedical Research
   87  Trust Fund which is not disbursed but which is obligated
   88  pursuant to contract or committed to be expended may be carried
   89  forward for up to 5 3 years after following the effective date
   90  of the original appropriation.
   91         Section 2. Subsections (2), (3), (5), and (7) of section
   92  215.5602, Florida Statutes, are amended, and subsection (13) is
   93  added to that section, to read:
   94         215.5602 James and Esther King Biomedical Research
   95  Program.—
   96         (2) Funds appropriated for the James and Esther King
   97  Biomedical Research Program shall be used exclusively for the
   98  award of grants and fellowships as established in this section;
   99  for research relating to the prevention, diagnosis, treatment,
  100  and cure of diseases related to tobacco use, including cancer,
  101  cardiovascular disease, stroke, and pulmonary disease; and for
  102  expenses incurred in the administration of this section; and as
  103  provided in subsection (5). Priority shall be granted to
  104  research designed to prevent or cure disease.
  105         (3) There is created within the Department of Health the
  106  Biomedical Research Advisory Council.
  107         (a) The council shall consist of 12 11 members, including:
  108  the chief executive officer of the Florida Division of the
  109  American Cancer Society, or a designee; the chief executive
  110  officer of the Greater Southeast Florida/Puerto Rico Affiliate
  111  of the American Heart Association, or a designee; and the chief
  112  executive officer of the American Lung Association of Florida,
  113  or a designee; and the chief executive officer of BioFlorida, or
  114  a designee. The remaining 8 members of the council shall be
  115  appointed as follows:
  116         1. The Governor shall appoint four members, two members
  117  with expertise in the field of biomedical research, one member
  118  from a research university in the state, and one member
  119  representing the general population of the state.
  120         2. The President of the Senate shall appoint two members,
  121  one member with expertise in the field of behavioral or social
  122  research and one representative from a cancer program approved
  123  by the American College of Surgeons.
  124         3. The Speaker of the House of Representatives shall
  125  appoint two members, one member from a professional medical
  126  organization and one representative from a cancer program
  127  approved by the American College of Surgeons.
  128  
  129  In making these appointments, the Governor, the President of the
  130  Senate, and the Speaker of the House of Representatives shall
  131  select primarily, but not exclusively, Floridians with
  132  biomedical and lay expertise in the general areas of cancer,
  133  cardiovascular disease, stroke, and pulmonary disease. The
  134  appointments shall be for 4-year staggered terms a 3-year term
  135  and shall reflect the diversity of the state’s population. An
  136  appointed member may not serve more than two consecutive terms.
  137  The first two appointments by the Governor and the first
  138  appointment by the President of the Senate and the Speaker of
  139  the House of Representatives on or after July 1, 2011, shall be
  140  for a term of 2 years each.
  141         (b) The council shall adopt internal organizational
  142  procedures as necessary for its efficient organization.
  143         (c) The department shall provide such staff, information,
  144  and other assistance as is reasonably necessary to assist the
  145  council in carrying out its responsibilities.
  146         (d) Members of the council shall serve without
  147  compensation, but may receive reimbursement as provided in s.
  148  112.061 for travel and other necessary expenses incurred in the
  149  performance of their official duties.
  150         (5)(a) Applications for biomedical research funding under
  151  the program may be submitted from any university or established
  152  research institute in the state. All qualified investigators in
  153  the state, regardless of institution affiliation, shall have
  154  equal access and opportunity to compete for the research
  155  funding.
  156         (b) Grants and fellowships shall be awarded by the State
  157  Surgeon General, after consultation with the council, on the
  158  basis of scientific merit, as determined by an open competitive
  159  peer review process that ensures objectivity, consistency, and
  160  high quality. The following types of applications shall be
  161  considered for funding:
  162         1. Investigator-initiated research grants.
  163         2. Institutional research and training grants.
  164         3. Predoctoral and postdoctoral research fellowships.
  165         (c) For any given year, the council may also recommend up
  166  to one-third of the allocation for the program for the
  167  recruitment of cancer, heart, or lung disease researchers and
  168  research teams to institutions in the state; for operational
  169  start-up grants for newly recruited cancer, heart, or lung
  170  disease research teams; and for equipment expenditures related
  171  to the expansion of cancer, heart, or lung disease research and
  172  treatment capacity in the state. For the purposes of
  173  implementing this paragraph, the council may develop a grant
  174  application and review mechanism other than the process for
  175  reviewing research proposals prescribed in subsection (6);
  176  however, such mechanism must ensure a fair and rigorous analysis
  177  of the merit of any proposals considered under this paragraph.
  178         (7) The council and the peer review panel shall establish
  179  and follow rigorous guidelines for ethical conduct and adhere to
  180  a strict policy with regard to conflict of interest. A member of
  181  the council or panel may not participate in any council or panel
  182  discussion or decision with respect to a research proposal, or
  183  any proposal related to those projects contemplated in paragraph
  184  (5)(c), by any firm, entity, or agency with which the member is
  185  associated as a member of the governing body or as an employee,
  186  or with which the member has entered into a contractual
  187  arrangement. Meetings of the council and the peer review panels
  188  shall be subject to the provisions of chapter 119, s. 286.011,
  189  and s. 24, Art. I of the State Constitution.
  190         (13) The Department of Health may accept gifts made
  191  unconditionally by will or otherwise, deposit them into the
  192  Biomedical Research Trust Fund, and use them for grant or
  193  fellowship awards in the program. Any gift made under conditions
  194  that, in the judgment of the department, upon consultation with
  195  the council, are proper and consistent with this section, the
  196  laws of the United States, and state law, may be accepted and
  197  shall be held, invested, reinvested, and used in accordance with
  198  the conditions of the gift.
  199         Section 3. Section 381.922, Florida Statutes, is amended to
  200  read:
  201         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  202  Cancer Research Program.—
  203         (1) The William G. “Bill” Bankhead, Jr., and David Coley
  204  Cancer Research Program, which may be otherwise cited as the
  205  “Bankhead-Coley Program,” is created within the Department of
  206  Health. The purpose of the program shall be to advance progress
  207  towards cures for cancer using through grants awarded through a
  208  peer-reviewed, competitive process and to expand cancer research
  209  and treatment capacity in this state.
  210         (2) The program shall provide grants for cancer research,
  211  including cancer clinical trials projects as provided in this
  212  section, to further the search for cures for cancer; for
  213  recruiting cancer researchers and research teams to institutions
  214  in the state; for operational start-up grants for newly
  215  recruited cancer researchers and research teams; or for
  216  equipment expenditures related to the expansion of cancer
  217  research and treatment capacity in the state.
  218         (a) Emphasis shall be given to the following goals, as
  219  those goals support the advancement of such cures:
  220         1. Efforts to significantly expand cancer research capacity
  221  in the state by:
  222         a. Identifying ways to attract new research talent and
  223  attendant national grant-producing researchers to cancer
  224  research facilities in this state;
  225         b. Implementing a peer-reviewed, competitive process to
  226  identify and fund the best proposals to expand cancer research
  227  institutes in this state;
  228         c. Funding through available resources for those proposals
  229  that demonstrate the greatest opportunity to attract federal
  230  research grants and private financial support;
  231         d. Encouraging the employment of bioinformatics in order to
  232  create a cancer informatics infrastructure that enhances
  233  information and resource exchange and integration through
  234  researchers working in diverse disciplines, to facilitate the
  235  full spectrum of cancer investigations;
  236         e. Facilitating the technical coordination, business
  237  development, and support of intellectual property as it relates
  238  to the advancement of cancer research; and
  239         f. Aiding in other multidisciplinary research-support
  240  activities as they inure to the advancement of cancer research.
  241         2. Efforts to improve both research and treatment through
  242  greater participation in clinical trials networks by:
  243         a. Identifying ways to increase adult enrollment in cancer
  244  clinical trials;
  245         b. Supporting public and private professional education
  246  programs designed to increase the awareness and knowledge about
  247  cancer clinical trials;
  248         c. Providing tools to cancer patients and community-based
  249  oncologists to aid in the identification of cancer clinical
  250  trials available in the state; and
  251         d. Creating opportunities for the state’s academic cancer
  252  centers to collaborate with community-based oncologists in
  253  cancer clinical trials networks.
  254         3. Efforts to reduce the impact of cancer on disparate
  255  groups by:
  256         a. Identifying those cancers that disproportionately impact
  257  certain demographic groups; and
  258         b. Building collaborations designed to reduce health
  259  disparities as they relate to cancer.
  260         (b) Preference may be given to grant proposals that foster
  261  collaborations among institutions, researchers, and community
  262  practitioners, as such proposals support the advancement of
  263  cures through basic or applied research, including clinical
  264  trials involving cancer patients and related networks and the
  265  transfer of knowledge gained from research into the practice of
  266  community practitioners.
  267         (3)(a) Applications for funding for cancer research may be
  268  submitted by any university or established research institute in
  269  the state. All qualified investigators in the state, regardless
  270  of institutional affiliation, shall have equal access and
  271  opportunity to compete for the research funding. Collaborative
  272  proposals, including those that advance the program’s goals
  273  enumerated in subsection (2), may be given preference. Grants
  274  shall be awarded by the State Surgeon General, after
  275  consultation with the Biomedical Research Advisory Council
  276  established under s. 215.5602, on the basis of scientific merit,
  277  as determined by an open, competitive peer review process that
  278  ensures objectivity, consistency, and high quality. The
  279  following types of applications shall be considered for funding:
  280         1. Investigator-initiated research grants.
  281         2. Institutional research and training grants.
  282         3. Predoctoral and postdoctoral research fellowships.
  283         4.3. Collaborative research grants, including those that
  284  advance the finding of cures through basic or applied research.
  285         5. Clinical trial project grants, particularly those
  286  projects such as matching services that identify prospective
  287  clinical trials treatment options for cancer patients in this
  288  state or those projects that otherwise foster greater rates of
  289  participation in trials. At least one such grant shall be
  290  awarded in any given year if a meritorious proposal or proposals
  291  are received. Such project grant proposals are not required to
  292  be posed as a research question in order to qualify for an
  293  award.
  294         (b) For any given year, the council may recommend up to
  295  one-third of the allocation for grants by the program for the
  296  recruitment of cancer researchers and research teams to
  297  institutions in the state, for operational start-up grants for
  298  newly recruited cancer researchers and research teams, or for
  299  equipment expenditures related to the expansion of cancer
  300  research and treatment capacity in the state. For the purposes
  301  of implementing this paragraph, the council may develop a grant
  302  application and review mechanism other than the process for
  303  reviewing research proposals prescribed in paragraph (c);
  304  however, such mechanism shall ensure a fair and rigorous
  305  analysis of the merit of any proposals considered under this
  306  paragraph.
  307         (c)(b) In order to ensure that all proposals for research
  308  funding are appropriate and are evaluated fairly on the basis of
  309  scientific merit, the State Surgeon General, in consultation
  310  with the council, shall appoint a peer review panel of
  311  independent, scientifically qualified individuals to review the
  312  scientific content of each proposal and establish its priority
  313  score. The priority scores shall be forwarded to the council and
  314  must be considered in determining which proposals shall be
  315  recommended for funding.
  316         (d)(c) The council and the peer review panel shall
  317  establish and follow rigorous guidelines for ethical conduct and
  318  adhere to a strict policy with regard to conflicts of interest.
  319  A member of the council or panel may not participate in any
  320  council or panel discussion or decision with respect to a
  321  research proposal, or any proposal related to those projects
  322  contemplated in paragraph (b), by any firm, entity, or agency
  323  with which the member is associated as a member of the governing
  324  body or as an employee or with which the member has entered into
  325  a contractual arrangement. Meetings of the council and the peer
  326  review panels are subject to chapter 119, s. 286.011, and s. 24,
  327  Art. I of the State Constitution.
  328         (4) By February 1 December 15 of each year, the council
  329  Department of Health shall submit to the Governor, the President
  330  of the Senate, and the Speaker of the House of Representatives a
  331  report indicating progress towards the program’s mission and
  332  making recommendations that further its purpose.
  333         (5) The William G. “Bill” Bankhead, Jr., and David Coley
  334  Cancer Research program is funded pursuant to s. 215.5602(12).
  335  Funds appropriated for the William G. “Bill” Bankhead, Jr., and
  336  David Coley Cancer Research program shall be distributed
  337  pursuant to this section to provide grants to researchers
  338  seeking cures for cancer and cancer-related illnesses, with
  339  emphasis given to the goals enumerated in this section. From the
  340  total funds appropriated, an amount of up to 10 percent may be
  341  used for administrative expenses. From funds appropriated to
  342  accomplish the goals of this section, up to $250,000 shall be
  343  available for the operating costs of the Florida Center for
  344  Universal Research to Eradicate Disease.
  345         (6) The Department of Health may accept gifts made
  346  unconditionally by will or otherwise, deposit them into the
  347  Biomedical Research Trust Fund, and use them for grant or
  348  fellowship awards in the program. Any gift made under conditions
  349  that, in the judgment of the department, upon consultation with
  350  the council, are proper and consistent with this section, the
  351  laws of the United States, and state law, may be accepted and
  352  shall be held, invested, reinvested, and used in accordance with
  353  the conditions of the gift.
  354         Section 4. Section 381.923, Florida Statutes, is created to
  355  read:
  356         381.923 Comprehensive Cancer Control.—
  357         (1) SHORT TITLE.—This section may be cited as the “Florida
  358  Comprehensive Cancer Control Act.”
  359         (2) LEGISLATIVE INTENT.—It is the finding of the
  360  Legislature that:
  361         (a) Advances in scientific knowledge have led to
  362  prevention, early detection, and therapeutic capabilities in the
  363  control of cancer. Such knowledge, screening technologies, and
  364  therapies must be made available to all residents of this state.
  365         (b) Research shows that certain lifestyles and exposures,
  366  such as tobacco use, exposure to ultraviolet radiation from the
  367  sun, and exposure to occupational and environmental carcinogens,
  368  contribute to the risk for many types of cancer and that certain
  369  screening tests are effective in diagnosing cancer early when it
  370  is more treatable. The role of diet, exercise, and other healthy
  371  lifestyles are also important in cancer prevention and control.
  372  Proven causes of cancer and methods for early detection should
  373  be publicized and be the subject of linguistically and
  374  culturally appropriate educational and awareness programs for
  375  the prevention of cancer.
  376         (c) An effective cancer control program would mobilize the
  377  scientific, educational, and medical resources that presently
  378  exist into an intense attack against this dreaded disease, with
  379  the primary goal to reduce the cancer burden for the residents
  380  of this state.
  381         (3) DEFINITIONS.—As used in this section, the term:
  382         (a) “Cancer” means all malignant neoplasms, regardless of
  383  the tissue of origin, including lymphoma and leukemia.
  384         (b) “Council” means the Florida Cancer Control and Resource
  385  Advisory Council.
  386         (c) “Department” means the Department of Health.
  387         (d) “Plan” means the Florida Cancer Plan.
  388         (e) “Program” means the Florida Cancer Control
  389  Collaborative Program.
  390         (f) “Qualified nonprofit association” means any
  391  association, incorporated or unincorporated, which has received
  392  tax-exempt status from the Internal Revenue Service.
  393         (4) FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL;
  394  CREATION; COMPOSITION.—
  395         (a) There is created within the H. Lee Moffitt Cancer
  396  Center and Research Institute, Inc., the Florida Cancer Control
  397  and Resource Advisory Council, which is an advisory body
  398  appointed to function on a continuing basis to recommend
  399  solutions and policy alternatives to the Governor, members of
  400  the Legislature, the State Surgeon General, and other
  401  policymakers. The council shall consist of cancer organizational
  402  representation and cancer control stakeholders, with a
  403  chairperson elected by the council membership for a term of 2
  404  years. Each council member must be a resident of this state. The
  405  Governor shall appoint three members representing the general
  406  public, with the initial appointments being for terms of 1 year,
  407  2 years, and 3 years, respectively, beginning July 1, 2012.
  408  Thereafter, gubernatorial appointments to the council shall be
  409  for terms of 3 years. The President of the Senate and the
  410  Speaker of the House of Representatives shall each appoint one
  411  member from his or her legislative body to serve on the council
  412  at any given time. Each of the following organizations shall
  413  designate a representative to serve on the council:
  414         1. H. Lee Moffitt Cancer Center and Research Institute,
  415  Inc.
  416         2. University of Florida Shands Cancer Center.
  417         3. University of Miami Sylvester Comprehensive Cancer
  418  Center.
  419         4. Mayo Clinic, Florida.
  420         5. M.D. Anderson Cancer Center, Florida.
  421         6. American Cancer Society, Florida Division.
  422         7. American Lung Association of the Southeast.
  423         8. American Association for Retired Persons.
  424         9. Department of Health.
  425         10. Department of Education.
  426         11. Florida Tumor Registrars Association.
  427         12. Florida Cancer Data System.
  428         13. Florida Society of Oncology Social Workers.
  429         14. Florida Oncology Nurses Society.
  430         15. Florida Society of Clinical Oncology.
  431         16. Florida Association of Pediatric Tumor Programs, Inc.
  432         17. Florida Medical Association.
  433         18. Florida Hospital Association.
  434         19. Florida Nursing Association.
  435         20. Florida Dental Association.
  436         21. Florida Osteopathic Association.
  437         22. University of Florida College of Medicine.
  438         23. Florida Academy of Family Physicians.
  439         24. University of Miami College of Medicine.
  440         25. University of South Florida College of Medicine.
  441         26. Florida State University College of Medicine.
  442         27. University of Central Florida College of Medicine.
  443         28. Nova Southeastern College of Osteopathic Medicine.
  444         29. Florida International University College of Medicine.
  445         30. Lake Erie School of Osteopathic Medicine.
  446         31. Biomedical Research Advisory Council.
  447         32. Center for Universal Research to Eradicate Disease.
  448         33. A representative from each of the regional cancer
  449  control collaboratives.
  450         (b) An executive committee, which shall be responsible for
  451  coordinating the activities and planning the direction of the
  452  full council, shall be comprised of the council’s elected
  453  chairperson, one at-large member elected by the full council,
  454  and the members representing the Department of Health, the
  455  American Cancer Society, the H. Lee Moffitt Cancer Center and
  456  Research Institute, Inc., the University of Florida Shands
  457  Cancer Center, and the University of Miami Sylvester
  458  Comprehensive Cancer Center, as well as the appointee of the
  459  President of the Senate, the appointee of the Speaker of the
  460  House of Representatives, and one of the gubernatorial
  461  appointees, who shall be designated by the council’s
  462  chairperson. If the council chairperson is a designee of one of
  463  the entities named in this paragraph, the full council shall
  464  elect a second at-large position to serve on the executive
  465  committee. The elected positions on the executive committee
  466  shall be for terms of 2 years.
  467         (c) The council shall meet at least semiannually. A
  468  majority of members shall constitute a quorum for the purpose of
  469  exercising all of the powers of the council.
  470         (d) The council members shall serve without compensation,
  471  but are entitled to reimbursement for per diem and travel
  472  expenses as provided in s. 112.061.
  473         (e) A member of the council may not participate in any
  474  council discussion or decision to recommend any type of award or
  475  contract to any qualified nonprofit association or to any agency
  476  of this state or a political subdivision of the state with which
  477  the member is associated as an employee or as a member of the
  478  governing body or with which the member has entered into a
  479  contractual arrangement.
  480         (f) The council may prescribe, amend, and repeal bylaws
  481  governing the manner in which the business of the council is
  482  conducted.
  483         (g) The council shall advise the Governor, the Legislature,
  484  the State Surgeon General, and other state policymakers with
  485  respect to cancer control and resources in this state.
  486         (h) The council shall approve a plan for cancer control, to
  487  be known as the “Florida Cancer Control Plan,” which shall be
  488  consistent to the extent possible with other cancer or health
  489  related state plans and integrated and coordinated with existing
  490  programs in this state. The council shall review and approve the
  491  plan at least every 2 years.
  492         (i) The council shall formulate and recommend to the
  493  Governor, the Legislature, the State Surgeon General, and other
  494  state policymakers a plan for the prevention and early detection
  495  of cancer which is evidence-based and consistent with standards
  496  of practice and supported by evidence-based medicine. The State
  497  Surgeon General and other state policymakers shall consider the
  498  plan in developing departmental priorities and funding
  499  priorities and standards under chapter 385.
  500         (j) The council shall provide expertise, input, and
  501  recommendations regarding the content and development of the
  502  Florida Cancer Plan and the coordination and integration of
  503  other state plans concerning cancer control.
  504         (k) The council may establish committees to develop
  505  strategies for taking action regarding:
  506         1. Cancer plan evaluation, including the creation of a
  507  tumor registry, data retrieval systems, and the epidemiology of
  508  cancer in the state.
  509         2. Cancer prevention.
  510         3. Cancer detection.
  511         4. Cancer treatments.
  512         5. Support services for cancer patients and caregivers.
  513         6. Cancer education for laypersons and professionals.
  514         7. Other cancer-control-related topics.
  515         (l) The council shall advise the State Surgeon General on
  516  methods of enforcing and implementing laws already enacted that
  517  relate to cancer control.
  518         (m) The council may recommend to the State Surgeon General
  519  rules consistent with law as it may deem necessary for the
  520  performance of its duties and the proper administration of this
  521  section.
  522         (n) The council shall be physically located at the H. Lee
  523  Moffitt Cancer Center and Research Institute, Inc.
  524         (o) By December 1 of each year, the council shall report
  525  its findings and recommendations to the Governor, the President
  526  of the Senate, the Speaker of the House of Representatives, and
  527  the State Surgeon General.
  528         (p) Subject to specific appropriations by the Legislature,
  529  the council shall develop or purchase standardized written
  530  summaries, written in language easily understood by the average
  531  adult, to inform persons who have or who are at high risk of
  532  being diagnosed with breast cancer or who have prostate cancer
  533  or are considering prostate cancer screening of the medically
  534  viable treatment alternatives available to effectively manage
  535  breast cancer or prostate cancer; describe treatment options;
  536  and explain the advantages, disadvantages, and risks associated
  537  with each treatment option. The summaries shall be printed in
  538  the form of a pamphlet or booklet and made continuously
  539  available to physicians and surgeons in the state for their use
  540  in accordance with s. 458.324 and to osteopathic physicians in
  541  this state for their use in accordance with s. 459.0125. The
  542  council shall periodically update both summaries to reflect
  543  current standards of medical practice in the treatment of breast
  544  cancer and prostate cancer.
  545         (q) Subject to specific appropriations by the Legislature,
  546  the council shall develop and implement educational programs,
  547  including distribution of the summaries developed or purchased
  548  under paragraph (p), to inform citizen groups, associations, and
  549  voluntary organizations about early detection and treatment of
  550  breast cancer and prostate cancer.
  551         (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
  552  AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.—
  553         (a) The H. Lee Moffitt Cancer Center and Research
  554  Institute, Inc., shall provide a full-time executive director to
  555  coordinate, facilitate, and communicate the mission and
  556  responsibilities of the council. Additional administrative
  557  support, information, and other assistance shall also be
  558  provided as reasonably necessary for the completion of the
  559  responsibilities of the council.
  560         (b) The Department of Health, after consultation with the
  561  council, may adopt rules necessary to administer this section.
  562         (c) The Florida Cancer Plan is established within the
  563  Department of Health. The department shall consult with the
  564  council in developing the plan, prioritizing goals, and
  565  allocating resources.
  566         (6) FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM; CREATION;
  567  COMPOSITION.—
  568         (a) The Cancer Control Collaborative Program is established
  569  within the Department of Health and resides within the
  570  Comprehensive Cancer Control Program. The program is responsible
  571  for overseeing and providing infrastructure for the state cancer
  572  collaborative network. The primary mission of the program is to
  573  implement the plan’s initiatives and identify and facilitate the
  574  local development of solutions to cancer control needs of the
  575  populations served by the regional cancer control
  576  collaboratives. The program shall prioritize programs and
  577  resources to reduce the burden of cancer in this state,
  578  consistent with the plan.
  579         (b) The department shall appoint a director, who is
  580  responsible for supervising the program, and provide, at a
  581  minimum, centralized organization, communications, information
  582  technology, shared resources, and cancer control expertise to
  583  the regional cancer control collaboratives.
  584         (c) Each regional cancer control collaborative shall bring
  585  together local cancer stakeholders, develop bylaws, identify and
  586  prioritize cancer control needs of its region, and develop
  587  solutions to solve problems, consistent with the plan and the
  588  goal of reducing the burden of cancer in this state. Each
  589  collaborative shall meet at least semiannually and send
  590  representation to the council meetings.
  591         (d) By October 15 of each year, the program shall submit an
  592  annual report to the council. The council shall have input into
  593  the prioritization of programs and proposed allocation of
  594  resources in the program consistent with the plan.
  595         (e) The program shall serve as the infrastructure for
  596  expansion or adaptation as federal programs or other
  597  opportunities arise for future cancer control initiatives. The
  598  development of the infrastructure for local cancer control
  599  collaboratives, to the extent possible, shall be designed to
  600  leverage opportunities for funding from the United States
  601  Centers for Disease Control and Prevention or other federal
  602  sources.
  603         Section 5. Subsection (1) and paragraph (a) of subsection
  604  (2) of section 458.324, Florida Statutes, are amended to read:
  605         458.324 Breast cancer; information on treatment
  606  alternatives.—
  607         (1) DEFINITION.—As used in this section, the term
  608  “medically viable,” as applied to treatment alternatives, means
  609  modes of treatment generally considered by the medical
  610  profession to be within the scope of current, acceptable
  611  standards, including treatment alternatives described in the
  612  written summary prepared by the Florida Cancer Control and
  613  Resource Research Advisory Council in accordance with s.
  614  381.923(4)(o) 1004.435(4)(m).
  615         (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—Each physician
  616  treating a patient who is, or in the judgment of the physician
  617  is at high risk of being, diagnosed as having breast cancer
  618  shall inform such patient of the medically viable treatment
  619  alternatives available to such patient; shall describe such
  620  treatment alternatives; and shall explain the relative
  621  advantages, disadvantages, and risks associated with the
  622  treatment alternatives to the extent deemed necessary to allow
  623  the patient to make a prudent decision regarding such treatment
  624  options. In compliance with this subsection:
  625         (a) The physician may, in his or her discretion:
  626         1. Orally communicate such information directly to the
  627  patient or the patient’s legal representative;
  628         2. Provide the patient or the patient’s legal
  629  representative with a copy of the written summary prepared in
  630  accordance with s. 381.923(4)(o) 1004.435(4)(m) and express a
  631  willingness to discuss the summary with the patient or the
  632  patient’s legal representative; or
  633         3. Both communicate such information directly and provide a
  634  copy of the written summary to the patient or the patient’s
  635  legal representative for further consideration and possible
  636  later discussion.
  637  
  638  Nothing in this subsection shall reduce other provisions of law
  639  regarding informed consent.
  640         Section 6. Subsection (1) and paragraph (a) of subsection
  641  (2) of section 459.0125, Florida Statutes, are amended to read:
  642         459.0125 Breast cancer; information on treatment
  643  alternatives.—
  644         (1) DEFINITION.—As used in this section, the term
  645  “medically viable,” as applied to treatment alternatives, means
  646  modes of treatment generally considered by the medical
  647  profession to be within the scope of current, acceptable
  648  standards, including treatment alternatives described in the
  649  written summary prepared by the Florida Cancer Control and
  650  Resource Research Advisory Council in accordance with s.
  651  381.923(4)(o) 1004.435(4)(m).
  652         (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—It is the
  653  obligation of every physician treating a patient who is, or in
  654  the judgment of the physician is at high risk of being,
  655  diagnosed as having breast cancer to inform such patient of the
  656  medically viable treatment alternatives available to such
  657  patient; to describe such treatment alternatives; and to explain
  658  the relative advantages, disadvantages, and risks associated
  659  with the treatment alternatives to the extent deemed necessary
  660  to allow the patient to make a prudent decision regarding such
  661  treatment options. In compliance with this subsection:
  662         (a) The physician may, in her or his discretion:
  663         1. Orally communicate such information directly to the
  664  patient or the patient’s legal representative;
  665         2. Provide the patient or the patient’s legal
  666  representative with a copy of the written summary prepared in
  667  accordance with s. 381.923(4)(o) 1004.435(4)(m) and express her
  668  or his willingness to discuss the summary with the patient or
  669  the patient’s legal representative; or
  670         3. Both communicate such information directly and provide a
  671  copy of the written summary to the patient or the patient’s
  672  legal representative for further consideration and possible
  673  later discussion.
  674  
  675  Nothing in this subsection shall reduce other provisions of law
  676  regarding informed consent.
  677         Section 7. Section 1004.435, Florida Statutes, is repealed.
  678         Section 8. This act shall take effect July 1, 2011.