Bill Text: FL S0616 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Biomedical Research

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-06 - Laid on Table, refer to CS/HB 655 -SJ 881 [S0616 Detail]

Download: Florida-2012-S0616-Introduced.html

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       Florida Senate - 2012                                     SB 616
       
       
       
       By Senator Flores
       
       
       
       
       38-00293B-12                                           2012616__
    1                        A bill to be entitled                      
    2         An act relating to biomedical research; amending s.
    3         20.435, F.S.; revising the number of years that the
    4         balance of an appropriation from the Biomedical
    5         Research Trust Fund may be carried forward following
    6         the effective date of the original appropriation;
    7         amending s. 215.5602, F.S.; revising a reference to an
    8         affiliate chapter of the American Heart Association;
    9         revising the terms of appointment for certain members
   10         of the Biomedical Research Advisory Council within the
   11         Department of Health; revising the responsibilities of
   12         the council; requiring that the department, rather
   13         than the State Surgeon General, in consultation with
   14         the council, appoint a peer review panel of
   15         independent, scientifically qualified individuals to
   16         review the scientific merit of each proposal and
   17         establish its scientific priority score under the
   18         James and Esther King Biomedical Research Program;
   19         providing that certain types of applications may be
   20         considered for funding by the James and Esther King
   21         Biomedical Research Program; deleting a reference to
   22         meetings between peer review panels and the council;
   23         providing that grant programs under the purview of the
   24         advisory council are exempt from rulemaking authority;
   25         requiring that the council submit an annual progress
   26         report for each fiscal year on programs under its
   27         purview to certain entities by a specified date;
   28         revising the required content of the report; amending
   29         s. 381.855, F.S.; specifying the name of an affiliate
   30         chapter of the American Heart Association as it
   31         relates to the membership of the advisory council
   32         within the Florida Center for Universal Research to
   33         Eradicate Disease; amending s. 381.922, F.S.;
   34         requiring that the department, rather than the State
   35         Surgeon General, in consultation with the council,
   36         appoint a peer review panel of independent,
   37         scientifically qualified individuals to review the
   38         scientific merit of each proposal and establish its
   39         scientific priority score under the William G. “Bill”
   40         Bankhead, Jr., and David Coley Cancer Research
   41         Program; providing that certain types of applications
   42         may be considered for funding in the William G. “Bill”
   43         Bankhead, Jr., and David Coley Cancer Research
   44         Program; deleting a reference to meetings between peer
   45         review panels and the council; deleting the
   46         requirement that the department submit to the Governor
   47         and the Legislature a report that indicates progress
   48         toward the program’s mission and makes recommendations
   49         that further its purpose; providing an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Paragraph (c) of subsection (8) of section
   54  20.435, Florida Statutes, is amended to read:
   55         20.435 Department of Health; trust funds.—The following
   56  trust funds shall be administered by the Department of Health:
   57         (8) Biomedical Research Trust Fund.
   58         (c) Notwithstanding s. 216.301 and pursuant to s. 216.351,
   59  any balance of any appropriation from the Biomedical Research
   60  Trust Fund which is not disbursed but which is obligated
   61  pursuant to contract or committed to be expended may be carried
   62  forward for up to 5 3 years following the effective date of the
   63  original appropriation.
   64         Section 2. Paragraph (a) of subsection (3), subsection (4),
   65  paragraph (b) of subsection (5), and subsections (6), (7), (9),
   66  and (10) of section 215.5602, Florida Statutes, are amended to
   67  read:
   68         215.5602 James and Esther King Biomedical Research
   69  Program.—
   70         (3) There is created within the Department of Health the
   71  Biomedical Research Advisory Council.
   72         (a) The council shall consist of 11 members, including: the
   73  chief executive officer of the Florida Division of the American
   74  Cancer Society, or a designee; the chief executive officer of
   75  the Greater Southeast Florida/Puerto Rico Affiliate of the
   76  American Heart Association, or a designee; and the chief
   77  executive officer of the American Lung Association of Florida,
   78  or a designee. The remaining 8 members of the council shall be
   79  appointed as follows:
   80         1. The Governor shall appoint four members, two members
   81  with expertise in the field of biomedical research, one member
   82  from a research university in the state, and one member
   83  representing the general population of the state.
   84         2. The President of the Senate shall appoint two members,
   85  one member with expertise in the field of behavioral or social
   86  research and one representative from a cancer program approved
   87  by the American College of Surgeons.
   88         3. The Speaker of the House of Representatives shall
   89  appoint two members, one member from a professional medical
   90  organization and one representative from a cancer program
   91  approved by the American College of Surgeons.
   92  
   93  In making these appointments, the Governor, the President of the
   94  Senate, and the Speaker of the House of Representatives shall
   95  select primarily, but not exclusively, Floridians with
   96  biomedical and lay expertise in the general areas of cancer,
   97  cardiovascular disease, stroke, and pulmonary disease. The
   98  appointments shall be for a 3-year term and shall reflect the
   99  diversity of the state’s population. An appointed member may not
  100  serve more than two consecutive terms. The first two
  101  appointments by the Governor and the first appointment by the
  102  President of the Senate and the Speaker of the House of
  103  Representatives on or after July 1, 2012, shall be for a term of
  104  2 years.
  105         (4) The council shall advise the State Surgeon General as
  106  to the direction and scope of the biomedical research program.
  107  The responsibilities of the council may include, but are not
  108  limited to:
  109         (a) Providing advice on program priorities and emphases.
  110         (b) Providing advice on the overall program budget.
  111         (c) Participating in periodic program evaluation.
  112         (d) Assisting in the development of guidelines to ensure
  113  fairness, neutrality, and adherence to the principles of merit
  114  and quality in the conduct of the program.
  115         (e) Assisting in the development of appropriate linkages to
  116  nonacademic entities, such as voluntary organizations, health
  117  care delivery institutions, industry, government agencies, and
  118  public officials.
  119         (f) Developing criteria and standards for the award of
  120  research grants.
  121         (g) Developing administrative procedures relating to
  122  solicitation, review, and award of research grants and
  123  fellowships, to ensure an impartial, high-quality peer review
  124  system.
  125         (h) Developing and supervising research peer review panels.
  126         (h)(i) Reviewing reports of peer review panels and making
  127  recommendations for research grants and fellowships.
  128         (i)(j) Developing and providing oversight regarding
  129  mechanisms for the dissemination of research results.
  130         (5)
  131         (b) Grants and fellowships shall be awarded by the State
  132  Surgeon General, after consultation with the council, on the
  133  basis of scientific merit, as determined by an open competitive
  134  peer review process that ensures objectivity, consistency, and
  135  high quality. The following types of applications may shall be
  136  considered for funding:
  137         1. Investigator-initiated research grants.
  138         2. Institutional research grants.
  139         3. Predoctoral and postdoctoral research fellowships.
  140         (6) To ensure that all proposals for research funding are
  141  appropriate and are evaluated fairly on the basis of scientific
  142  merit, the department State Surgeon General, in consultation
  143  with the council, shall appoint a peer review panel of
  144  independent, scientifically qualified individuals to review the
  145  scientific merit content of each proposal and establish its
  146  scientific priority score. The priority scores shall be
  147  forwarded to the council and must be considered in determining
  148  which proposals shall be recommended for funding.
  149         (7) The council and the peer review panel shall establish
  150  and follow rigorous guidelines for ethical conduct and adhere to
  151  a strict policy with regard to conflict of interest. A member of
  152  the council or panel may not participate in any discussion or
  153  decision of the council or panel with respect to a research
  154  proposal by any firm, entity, or agency with which the member is
  155  associated as a member of the governing body or as an employee,
  156  or with which the member has entered into a contractual
  157  arrangement. Meetings of the council are and the peer review
  158  panels shall be subject to the provisions of chapter 119, s.
  159  286.011, and s. 24, Art. I of the State Constitution.
  160         (9) The grant programs under the purview of the council are
  161  exempt from rulemaking authority under chapter 120 department,
  162  after consultation with the council, may adopt rules as
  163  necessary to implement this section.
  164         (10) The council shall submit an annual progress report for
  165  each fiscal year on programs under its purview on the state of
  166  biomedical research in this state to the Florida Center for
  167  Universal Research to Eradicate Disease and to the Governor, the
  168  State Surgeon General, the President of the Senate, and the
  169  Speaker of the House of Representatives by December 15 February
  170  1. The report must include:
  171         (a) A list of research projects supported by grants or
  172  fellowships awarded under the program.
  173         (b) A list of recipients of program grants or fellowships.
  174         (c) A list of publications in peer reviewed journals
  175  involving research supported by grants or fellowships awarded
  176  under the program.
  177         (d) The state ranking and total amount of biomedical
  178  research funding currently flowing into the state from the
  179  National Institutes of Health.
  180         (e) New grants for biomedical research which were funded
  181  based on research supported by grants or fellowships awarded
  182  under the program.
  183         (f) Progress toward the program’s goals, particularly in
  184  the prevention, diagnosis, treatment, and cure of diseases
  185  related to tobacco use, including cancer, cardiovascular
  186  disease, stroke, and pulmonary disease.
  187         (g) Recommendations that further the program’s mission.
  188         Section 3. Paragraph (a) of subsection (5) of section
  189  381.855, Florida Statutes, is amended to read:
  190         381.855 Florida Center for Universal Research to Eradicate
  191  Disease.—
  192         (5) There is established within the center an advisory
  193  council that shall meet at least annually.
  194         (a) The council shall consist of one representative from a
  195  Florida not-for-profit institution engaged in basic and clinical
  196  biomedical research and education which receives more than $10
  197  million in annual grant funding from the National Institutes of
  198  Health, to be appointed by the State Surgeon General from a
  199  different institution each term, and one representative from and
  200  appointed by each of the following entities:
  201         1. Enterprise Florida, Inc.
  202         2. BioFlorida.
  203         3. The Biomedical Research Advisory Council.
  204         4. The Florida Medical Foundation.
  205         5. Pharmaceutical Research and Manufacturers of America.
  206         6. The American Cancer Society, Florida Division, Inc.
  207         7. The American Heart Association, Greater Southeast
  208  Affiliate.
  209         8. The American Lung Association of Florida.
  210         9. The American Diabetes Association, South Coastal Region.
  211         10. The Alzheimer’s Association.
  212         11. The Epilepsy Foundation.
  213         12. The National Parkinson Foundation.
  214         13. The Florida Public Health Institute, Inc.
  215         14. The Florida Research Consortium.
  216         Section 4. Subsections (3), (4), and (5) of section
  217  381.922, Florida Statutes, are amended to read:
  218         381.922 William G. “Bill” Bankhead, Jr., and David Coley
  219  Cancer Research Program.—
  220         (3)(a) Applications for funding for cancer research may be
  221  submitted by any university or established research institute in
  222  the state. All qualified investigators in the state, regardless
  223  of institutional affiliation, shall have equal access and
  224  opportunity to compete for the research funding. Collaborative
  225  proposals, including those that advance the program’s goals
  226  enumerated in subsection (2), may be given preference. Grants
  227  shall be awarded by the department State Surgeon General, after
  228  consultation with the Biomedical Research Advisory Council, on
  229  the basis of scientific merit, as determined by an open,
  230  competitive peer review process that ensures objectivity,
  231  consistency, and high quality. The following types of
  232  applications may shall be considered for funding:
  233         1. Investigator-initiated research grants.
  234         2. Institutional research grants.
  235         3. Collaborative research grants, including those that
  236  advance the finding of cures through basic or applied research.
  237         (b) In order to ensure that all proposals for research
  238  funding are appropriate and are evaluated fairly on the basis of
  239  scientific merit, the State Surgeon General, in consultation
  240  with the council, shall appoint a peer review panel of
  241  independent, scientifically qualified individuals to review the
  242  scientific merit content of each proposal and establish its
  243  priority score. The priority scores shall be forwarded to the
  244  council and must be considered in determining which proposals
  245  shall be recommended for funding.
  246         (c) The council and the peer review panel shall establish
  247  and follow rigorous guidelines for ethical conduct and adhere to
  248  a strict policy with regard to conflicts of interest. A member
  249  of the council or panel may not participate in any discussion or
  250  decision of the council or panel with respect to a research
  251  proposal by any firm, entity, or agency with which the member is
  252  associated as a member of the governing body or as an employee
  253  or with which the member has entered into a contractual
  254  arrangement. Meetings of the council and the peer review panels
  255  are subject to chapter 119, s. 286.011, and s. 24, Art. I of the
  256  State Constitution.
  257         (4) By December 15 of each year, the Department of Health
  258  shall submit to the Governor, the President of the Senate, and
  259  the Speaker of the House of Representatives a report indicating
  260  progress towards the program’s mission and making
  261  recommendations that further its purpose.
  262         (4)(5) The William G. “Bill” Bankhead, Jr., and David Coley
  263  Cancer Research Program is funded pursuant to s. 215.5602(12).
  264  Funds appropriated for the William G. “Bill” Bankhead, Jr., and
  265  David Coley Cancer Research Program shall be distributed
  266  pursuant to this section to provide grants to researchers
  267  seeking cures for cancer and cancer-related illnesses, with
  268  emphasis given to the goals enumerated in this section. From the
  269  total funds appropriated, an amount of up to 10 percent may be
  270  used for administrative expenses. From funds appropriated to
  271  accomplish the goals of this section, up to $250,000 shall be
  272  available for the operating costs of the Florida Center for
  273  Universal Research to Eradicate Disease.
  274         Section 5. This act shall take effect July 1, 2012.