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 states 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.