ENROLLED
2024 Legislature CS for SB 7072, 1st Engrossed
20247072er
1
2 An act relating to cancer funding; amending s.
3 381.915, F.S.; revising the purpose of the Casey
4 DeSantis Cancer Research Program; revising duties of
5 the Department of Health under the program; creating
6 the Cancer Connect Collaborative, a council, within
7 the department for a specified purpose; authorizing
8 the collaborative to make certain recommendations on
9 state policy relating to cancer research or treatment;
10 providing for membership and meetings of the
11 collaborative; requiring the collaborative to develop
12 a long-range comprehensive plan for the program;
13 requiring the collaborative to solicit input from
14 certain stakeholders in the development of the plan;
15 requiring the collaborative to submit the plan to the
16 Governor and the Legislature by a specified date;
17 specifying required components of the plan; requiring
18 the department to provide administrative support and
19 staff to the collaborative; requiring the
20 collaborative to advise the department on the awarding
21 of grants issued through the Cancer Innovation Fund;
22 requiring the collaborative to review grant
23 applications and make recommendations to the
24 department for awarding grants upon the appropriation
25 of funds to the fund; requiring the department to make
26 the final grant allocation award; requiring the
27 collaborative to prioritize certain applications for
28 grant funding; revising the frequency with which the
29 department, in conjunction with participating cancer
30 centers, must submit a specified report to the Cancer
31 Control and Research Advisory Council and the
32 collaborative; requiring the department to submit the
33 report, and any equivalent independent reports, to the
34 Governor and the Legislature by a specified date each
35 year; revising requirements of such reports; beginning
36 on a specified date, requiring that each allocation
37 agreement issued by the department relating to certain
38 cancer center payments include specified elements;
39 amending s. 1004.435, F.S.; revising the membership of
40 the Florida Cancer Control and Research Advisory
41 Council; revising quorum requirements for council
42 actions; providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Present subsections (8), (9), and (10) of
47 section 381.915, Florida Statutes, are redesignated as
48 subsections (10), (12), and (13), new subsections (8) and (9)
49 and subsection (11) are added to that section, and subsection
50 (2) of that section is amended, to read:
51 381.915 Casey DeSantis Cancer Research Program.—
52 (2) The Casey DeSantis Cancer Research Program is
53 established to enhance the quality and competitiveness of cancer
54 care in this state, further a statewide biomedical research
55 strategy directly responsive to the health needs of Florida’s
56 citizens, and capitalize on the potential educational
57 opportunities available to its students, and promote the
58 provision of high-quality, innovative health care for persons
59 undergoing cancer treatment in this state. The department shall:
60 (a) Make payments to cancer centers recognized by the
61 National Cancer Institute (NCI) at the National Institutes of
62 Health as NCI-designated cancer centers or NCI-designated
63 comprehensive cancer centers, and cancer centers working toward
64 achieving NCI designation. The department shall distribute funds
65 to participating cancer centers on a quarterly basis during each
66 fiscal year for which an appropriation is made.
67 (b) Make cancer innovation grant funding available through
68 the Cancer Innovation Fund under subsection (9) to health care
69 providers and facilities that demonstrate excellence in patient
70 centered cancer treatment or research.
71 (8) The Cancer Connect Collaborative, a council as defined
72 in s. 20.03, is created within the department to advise the
73 department and the Legislature on developing a holistic approach
74 to the state’s efforts to fund cancer research, cancer
75 facilities, and treatments for cancer patients. The
76 collaborative may make recommendations on proposed legislation,
77 proposed rules, best practices, data collection and reporting,
78 issuance of grant funds, and other proposals for state policy
79 relating to cancer research or treatment.
80 (a) The Surgeon General shall serve as an ex officio,
81 nonvoting member and shall serve as the chair.
82 (b) The collaborative shall be composed of the following
83 voting members, to be appointed by September 1, 2024:
84 1. Two members appointed by the Governor, one member
85 appointed by the President of the Senate, and one member
86 appointed by the Speaker of the House of Representatives, based
87 on the criteria of this subparagraph. The appointing officers
88 shall make their appointments prioritizing members who have the
89 following experience or expertise:
90 a. The practice of a health care profession specializing in
91 oncology clinical care or research;
92 b. The development of preventive and therapeutic treatments
93 to control cancer;
94 c. The development of innovative research into the causes
95 of cancer, the development of effective treatments for persons
96 with cancer, or cures for cancer; or
97 d. Management-level experience with a cancer center
98 licensed under chapter 395.
99 2. One member who is a resident of this state who can
100 represent the interests of cancer patients in this state,
101 appointed by the Governor.
102 (c) The terms of appointees under paragraph (b) shall be
103 for 2 years unless otherwise specified. However, to achieve
104 staggered terms, the initial appointees under that paragraph
105 shall serve 3 years for their first term. These appointees may
106 be reappointed for no more than four consecutive terms.
107 (d) Any vacancy occurring on the collaborative must be
108 filled in the same manner as the original appointment. Any
109 member who is appointed to fill a vacancy occurring because of
110 death, resignation, or ineligibility for membership shall serve
111 only for the unexpired term of the member’s predecessor.
112 (e) Members whose terms have expired may continue to serve
113 until replaced or reappointed, but for no more than 6 months
114 after the expiration of their terms.
115 (f) Members shall serve without compensation but are
116 entitled to reimbursement for per diem and travel expenses
117 pursuant to s. 112.061.
118 (g) The collaborative shall meet as necessary, but at least
119 quarterly, at the call of the chair. A majority of the members
120 of the collaborative constitutes a quorum, and a meeting may not
121 be held with less than a quorum present. In order to establish a
122 quorum, the collaborative may conduct its meetings through
123 teleconference or other electronic means. The affirmative vote
124 of a majority of the members of the collaborative present is
125 necessary for any official action by the collaborative.
126 (h) The collaborative shall develop a long-range
127 comprehensive plan for the Casey DeSantis Cancer Research
128 Program. In the development of the plan, the collaborative must
129 solicit input from cancer centers, research institutions,
130 biomedical education institutions, hospitals, and medical
131 providers. The collaborative shall submit the plan to the
132 Governor, the President of the Senate, and the Speaker of the
133 House of Representatives no later than December 1, 2024. The
134 plan must include, but need not be limited to, all of the
135 following components:
136 1. Expansion of grant fund opportunities to include a
137 broader pool of Florida-based cancer centers, research
138 institutions, biomedical education institutions, hospitals, and
139 medical providers to receive funding through the Cancer
140 Innovation Fund.
141 2. An evaluation to determine metrics that focus on patient
142 outcomes, quality of care, and efficacy of treatment.
143 3. A compilation of best practices relating to cancer
144 research or treatment.
145 (i) The department shall provide reasonable and necessary
146 support staff and materials to assist the collaborative in the
147 performance of its duties.
148 (9) The collaborative shall advise the department on the
149 awarding of grants issued through the Cancer Innovation Fund.
150 During any fiscal year for which funds are appropriated to the
151 fund, the collaborative shall review all submitted grant
152 applications and make recommendations to the department for
153 awarding grants to support innovative cancer research and
154 treatment models, including emerging research and treatment
155 trends and promising treatments that may serve as catalysts for
156 further research and treatments. The department shall make the
157 final grant allocation awards. The collaborative shall give
158 priority to applications seeking to expand the reach of
159 innovative cancer treatment models into underserved areas of
160 this state.
161 (10) Beginning July 1, 2025 2017, and each year every 3
162 years thereafter, the department, in conjunction with
163 participating cancer centers, shall submit a report to the
164 Cancer Control and Research Advisory Council and the
165 collaborative on specific metrics relating to cancer mortality
166 and external funding for cancer-related research in this the
167 state. If a cancer center does not endorse this report or
168 produce an equivalent independent report, the cancer center is
169 ineligible to receive shall be suspended from the program
170 funding for 1 year. The department must submit this annual
171 report, and any equivalent independent reports, to the Governor,
172 the President of the Senate, and the Speaker of the House of
173 Representatives no later than September 15 of each year the
174 report or reports are submitted by the department. The report
175 must include:
176 (a) An analysis of trending age-adjusted cancer mortality
177 rates in the state, which must include, at a minimum, overall
178 age-adjusted mortality rates for cancer statewide and age
179 adjusted mortality rates by age group, geographic region, and
180 type of cancer, which must include, at a minimum:
181 1. Lung cancer.
182 2. Pancreatic cancer.
183 3. Sarcoma.
184 4. Melanoma.
185 5. Leukemia and myelodysplastic syndromes.
186 6. Brain cancer.
187 7. Breast cancer.
188 (b) Identification of trends in overall federal funding,
189 broken down by institutional source, for cancer-related research
190 in the state.
191 (c) A list and narrative description of collaborative
192 grants and interinstitutional collaboration among participating
193 cancer centers, which may include grants received by
194 participating cancer centers in collaboration, a comparison of
195 such collaborative grants in proportion to the grant totals for
196 each cancer center, a catalog of retreats and progress seed
197 grants using state funds, and targets for collaboration in the
198 future and reports on progress regarding such targets where
199 appropriate.
200 (11) Beginning July 1, 2024, each allocation agreement
201 issued by the department relating to cancer center payments
202 under subsection (2) must include all of the following:
203 (a) A line-item budget narrative documenting the annual
204 allocation of funds to a cancer center.
205 (b) A cap on the annual award of 15 percent for
206 administrative expenses.
207 (c) A requirement for the cancer center to submit quarterly
208 reports of all expenditures made by the cancer center with funds
209 received through the Casey DeSantis Cancer Research Program.
210 (d) A provision to allow the department and other state
211 auditing bodies to audit all financial records, supporting
212 documents, statistical records, and any other documents
213 pertinent to the allocation agreement.
214 (e) A provision requiring the annual reporting of outcome
215 data and protocols used in achieving those outcomes.
216 (12)(9) This section is subject to annual appropriation by
217 the Legislature.
218 (13)(10) The department may adopt rules to administer this
219 section.
220 Section 2. Paragraphs (a) and (d) of subsection (4) of
221 section 1004.435, Florida Statutes, are amended to read:
222 1004.435 Cancer control and research.—
223 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
224 CREATION; COMPOSITION.—
225 (a) There is created within the H. Lee Moffitt Cancer
226 Center and Research Institute, Inc., the Florida Cancer Control
227 and Research Advisory Council. The council shall consist of 16
228 15 members, which includes the chairperson, all of whom must be
229 residents of this state. The State Surgeon General or his or her
230 designee within the Department of Health shall be one of the 16
231 15 members. Members, except those appointed by the Governor, the
232 Speaker of the House of Representatives, or the President of the
233 Senate, must be appointed by the chief executive officer of the
234 institution or organization represented, or his or her designee.
235 One member must be a representative of the American Cancer
236 Society; one member must be a representative of the Sylvester
237 Comprehensive Cancer Center of the University of Miami; one
238 member must be a representative of the University of Florida
239 Shands Cancer Center; one member must be a representative of the
240 Florida Nurses Association who specializes in the field of
241 oncology and is not from an institution or organization already
242 represented on the council; one member must be a representative
243 of the Florida Osteopathic Medical Association who specializes
244 in the field of oncology; one member must be a member of the
245 Florida Medical Association who specializes in the field of
246 oncology and who represents a cancer center not already
247 represented on the council; one member must be a representative
248 of the H. Lee Moffitt Cancer Center and Research Institute,
249 Inc.; one member must be a representative of the Mayo Clinic in
250 Jacksonville; one member must be a member of the Florida
251 Hospital Association who specializes in the field of oncology
252 and who represents a comprehensive cancer center not already
253 represented on the council; one member must be a representative
254 of the Association of Community Cancer Centers; one member must
255 specialize in pediatric oncology research or clinical care
256 appointed by the Governor; one member must specialize in
257 oncology clinical care or research appointed by the President of
258 the Senate; one member must be a current or former cancer
259 patient or a current or former caregiver to a cancer patient
260 appointed by the Speaker of the House of Representatives; one
261 member must be a member of the House of Representatives
262 appointed by the Speaker of the House of Representatives; and
263 one member must be a member of the Senate appointed by the
264 President of the Senate. At least four of the members must be
265 individuals who are minority persons as defined by s. 288.703.
266 (d) The council shall meet no less than semiannually at the
267 call of the chairperson or, in his or her absence or incapacity,
268 at the call of the State Surgeon General. Nine Eight members
269 constitute a quorum for the purpose of exercising all of the
270 powers of the council. A vote of the majority of the members
271 present is sufficient for all actions of the council.
272 Section 3. This act shall take effect July 1, 2024.