Bill Text: FL S0620 | 2010 | Regular Session | Comm Sub
Bill Title: Biomedical Research Programs [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2010-04-30 - Died on Calendar, companion bill(s) passed, see CS/HB 889 (Ch. 2010-34), HB 5311 (Ch. 2010-161) [S0620 Detail]
Download: Florida-2010-S0620-Comm_Sub.html
Florida Senate - 2010 CS for CS for CS for SB 620 By the Committees on Health and Human Services Appropriations; Higher Education; Health Regulation; and Health Regulation; and Senator Detert 603-04262-10 2010620c3 1 A bill to be entitled 2 An act relating to biomedical research programs; 3 amending s. 215.5602, F.S.; deleting provisions 4 requiring that the James and Esther King Biomedical 5 Research Program be funded by proceeds from the Lawton 6 Chiles Endowment Fund; modifying the terms and 7 membership and establishing a staggered membership for 8 appointed members of the Biomedical Research Advisory 9 Council; authorizing the Biomedical Research Advisory 10 Council to recommend a portion of the allocation for 11 the James and Esther King Biomedical Research Program 12 for specified purposes and to develop a grant 13 application and review mechanism; prohibiting any 14 member of the council from participating in 15 discussions or decisions regarding certain proposals; 16 reducing the percentage of funds available for 17 administrative expenses of the James and Esther King 18 Biomedical Research Program; requiring the Department 19 of Health to adopt rules to administer the James and 20 Esther King Biomedical Research Program and the 21 William G. “Bill” Bankhead, Jr., and David Coley 22 Cancer Research Program; increasing the funding 23 available to the Florida Center for Universal Research 24 to Eradicate Disease; allocating a specified amount of 25 money to the James and Esther King Biomedical Research 26 Program and the William G. “Bill” Bankhead, Jr., and 27 David Coley Cancer Research Program; authorizing the 28 Department of Health to accept and use gifts for 29 awards under the James and Esther King Biomedical 30 Research Program; deleting obsolete provisions; 31 deleting a provision providing for the future 32 expiration of the James and Esther King Biomedical 33 Research Program; amending s. 381.855, F.S.; revising 34 the membership of the advisory council within the 35 Florida Center for Universal Research to Eradicate 36 Disease; repealing s. 381.912, F.S., relating to the 37 Cervical Cancer Elimination Task Force; repealing s. 38 381.92, F.S., relating to the Florida Cancer Council; 39 repealing s. 381.921, F.S., relating to the mission 40 and duties of the Florida Cancer Council; amending s. 41 381.922, F.S.; revising the purpose of the William G. 42 “Bill” Bankhead, Jr., and David Coley Cancer Research 43 Program; revising the duties and goals of the William 44 G. “Bill” Bankhead, Jr., and David Coley Cancer 45 Research Program; revising the types of applications 46 considered for funding; authorizing the Biomedical 47 Research Advisory Council to recommend a portion of 48 the allocation for the William G. “Bill” Bankhead, 49 Jr., and David Coley Cancer Research Program for 50 specified purposes and to develop a grant application 51 and review mechanism; prohibiting any member of the 52 council from participating in discussions or decisions 53 regarding certain proposals; requiring the department 54 to submit to the Governor and Legislature a report by 55 a specified date; providing a funding source for the 56 William G. “Bill” Bankhead, Jr., and David Coley 57 Cancer Research Program; reducing the percentage of 58 funds available for administrative expenses of the 59 William G. “Bill” Bankhead, Jr., and David Coley 60 Cancer Research Program; authorizing the Department of 61 Health to accept and use gifts for awards under the 62 William G. “Bill” Bankhead, Jr., and David Coley 63 Cancer Research Program; deleting obsolete provisions; 64 deleting provisions providing for the future 65 expiration of the William G. “Bill” Bankhead, Jr., and 66 David Coley Cancer Research Program; creating s. 67 381.923, F.S., relating to the Florida Comprehensive 68 Cancer Control Act; providing a short title; providing 69 legislative intent; providing definitions; creating 70 the Florida Cancer Control and Resource Advisory 71 Council; providing membership of the council; 72 providing the composition of the executive committee 73 of the council; providing for terms of the council and 74 meetings; providing for reimbursement for per diem and 75 travel expenses; prohibiting a member of the council 76 from participating in any discussion or decision to 77 recommend any type of award or contract to any 78 qualified nonprofit association or to any agency of 79 this state or its political subdivisions with which 80 the member is associated as a member of the governing 81 body or as an employee or with which the member has 82 entered into a contractual arrangement; providing the 83 duties and responsibilities of the council; requiring 84 the council to report findings and recommendations to 85 the Governor, the Legislature, and the State Surgeon 86 General; requiring the council to develop or purchase 87 written summaries regarding medically viable treatment 88 alternatives for the management of breast cancer and 89 prostate cancer; providing requirements for the 90 written summaries; requiring the council to develop 91 and implement education programs regarding early 92 detection and treatment of breast cancer and prostate 93 cancer; requiring that the H. Lee Moffitt Cancer 94 Center and Research Institute, Inc., provide an 95 executive director for the council; allocating a 96 specified amount of money from the William G. “Bill” 97 Bankhead, Jr., and David Coley Cancer Research Program 98 to the H. Lee Moffitt Cancer Center and Research 99 Institute, Inc., for administrative costs and staff 100 support; authorizing the Department of Health to 101 administer the act; requiring the department to 102 produce the Florida Cancer Plan in consultation with 103 the Florida Cancer Control and Resource Advisory 104 Council; creating the Cancer Control Collaborative 105 Program within the Department of Health; providing the 106 responsibility and mission of the program; requiring 107 the department to appoint a director; providing duties 108 for each collaborative; requiring the collaborative 109 program to submit to the Florida Cancer Control and 110 Resource Advisory Council an annual report by a 111 specified date; requiring the Cancer Control 112 Collaborative Program to serve as the infrastructure 113 for expansion or adaption as federal programs or other 114 opportunities arise for future cancer control 115 initiatives; amending ss. 458.324 and 459.0125, F.S.; 116 conforming cross-references; repealing s. 1004.435, 117 F.S., relating to cancer control and research; 118 providing an effective date. 119 120 Be It Enacted by the Legislature of the State of Florida: 121 122 Section 1. Section 215.5602, Florida Statutes, is amended 123 to read: 124 215.5602 James and Esther King Biomedical Research 125 Program.— 126 (1) There is established within the Department of Health 127 the James and Esther King Biomedical Research Programfunded by128the proceeds of the Lawton Chiles Endowment Fund pursuant to s.129215.5601. The purpose of the James and Esther King Biomedical 130 Research Program is to provide an annual and perpetual source of 131 funding in order to support research initiatives that address 132 the health care problems of Floridians in the areas of tobacco 133 related cancer, cardiovascular disease, stroke, and pulmonary 134 disease. The long-term goals of the program are to: 135 (a) Improve the health of Floridians by researching better 136 prevention, diagnoses, treatments, and cures for cancer, 137 cardiovascular disease, stroke, and pulmonary disease. 138 (b) Expand the foundation of biomedical knowledge relating 139 to the prevention, diagnosis, treatment, and cure of diseases 140 related to tobacco use, including cancer, cardiovascular 141 disease, stroke, and pulmonary disease. 142 (c) Improve the quality of the state’s academic health 143 centers by bringing the advances of biomedical research into the 144 training of physicians and other health care providers. 145 (d) Increase the state’s per capita funding for research by 146 undertaking new initiatives in public health and biomedical 147 research that will attract additional funding from outside the 148 state. 149 (e) Stimulate economic activity in the state in areas 150 related to biomedical research, such as the research and 151 production of pharmaceuticals, biotechnology, and medical 152 devices. 153 (2) Funds appropriated for the James and Esther King 154 Biomedical Research Program shall be used exclusively for the 155 award of grants and fellowships as established in this section; 156 for research relating to the prevention, diagnosis, treatment, 157 and cure of diseases related to tobacco use, including cancer, 158 cardiovascular disease, stroke, and pulmonary disease;andfor 159 expenses incurred in the administration of this section; and as 160 provided in subsections (5) and (12). Priority shall be granted 161 to research designed to prevent or cure disease. 162 (3) There is created within the Department of Health the 163 Biomedical Research Advisory Council. 164 (a) The council shall consist of 1311members, including: 165 the chief executive officer of the Florida Division of the 166 American Cancer Society, or a designee; the chief executive 167 officer of the Greater SoutheastFlorida/Puerto RicoAffiliate 168 of the American Heart Association, or a designee;andthe chief 169 executive officer of the American Lung Association of the 170 SoutheastFlorida, or a designee; the chief executive officer of 171 Enterprise Florida, or a designee; and the chief executive 172 officer of BioFlorida, or a designee. The remaining 8 members of 173 the council shall be appointed as follows: 174 1. The Governor shall appoint four members, two members 175 with expertise in the field of biomedical research, one member 176 from a research university in the state, and one member 177 representing the general population of the state. 178 2. The President of the Senate shall appoint two members, 179 one member with expertise in the field of behavioral or social 180 research and one representative from a cancer program approved 181 by the American College of Surgeons. 182 3. The Speaker of the House of Representatives shall 183 appoint two members, one member from a professional medical 184 organization and one representative from a cancer program 185 approved by the American College of Surgeons. 186 187 In making these appointments, the Governor, the President of the 188 Senate, and the Speaker of the House of Representatives shall 189 select primarily, but not exclusively, Floridians with 190 biomedical and lay expertise in the general areas of cancer, 191 cardiovascular disease, stroke, and pulmonary disease. The 192 appointments shall be for 4-year staggered termsa 3-year term193 and shall reflect the diversity of the state’s population. An 194 appointed member may not serve more than two consecutive terms. 195 The first two appointments by the Governor and the first 196 appointment by the President of the Senate and the Speaker of 197 the House of Representatives on or after July 1, 2010, shall be 198 for a term of 2 years. 199 (b) The council shall adopt internal organizational 200 procedures as necessary for its efficient organization. 201 (c) The department shall provide such staff, information, 202 and other assistance as is reasonably necessary to assist the 203 council in carrying out its responsibilities. 204 (d) Members of the council shall serve without 205 compensation, but may receive reimbursement as provided in s. 206 112.061 for travel and other necessary expenses incurred in the 207 performance of their official duties. 208 (4) The council shall advise the State Surgeon General as 209 to the direction and scope of the biomedical research program. 210 The responsibilities of the council may include, but are not 211 limited to: 212 (a) Providing advice on program priorities and emphases. 213 (b) Providing advice on the overall program budget. 214 (c) Participating in periodic program evaluation. 215 (d) Assisting in the development of guidelines to ensure 216 fairness, neutrality, and adherence to the principles of merit 217 and quality in the conduct of the program. 218 (e) Assisting in the development of appropriate linkages to 219 nonacademic entities, such as voluntary organizations, health 220 care delivery institutions, industry, government agencies, and 221 public officials. 222 (f) Developing criteria and standards for the award of 223 research grants. 224 (g) Developing administrative procedures relating to 225 solicitation, review, and award of research grants and 226 fellowships, to ensure an impartial, high-quality peer review 227 system. 228 (h) Developing and supervising research peer review panels. 229 (i) Reviewing reports of peer review panels and making 230 recommendations for research grants and fellowships. 231 (j) Developing and providing oversight regarding mechanisms 232 for the dissemination of research results. 233 (5)(a) Applications for biomedical research funding under 234 the program may be submitted from any university or established 235 research institute in the state. All qualified investigators in 236 the state, regardless of institution affiliation, shall have 237 equal access and opportunity to compete for the research 238 funding. 239 (b) Grants and fellowships shall be awarded by the State 240 Surgeon General, after consultation with the council, on the 241 basis of scientific merit, as determined by an open competitive 242 peer review process that ensures objectivity, consistency, and 243 high quality. The following types of applications shall be 244 considered for funding: 245 1. Investigator-initiated research grants. 246 2. Institutional research and training grants. 247 3. Predoctoral and postdoctoral research fellowships. 248 (c) For any given year, the Biomedical Research Advisory 249 Council may also recommend up to one-third of the allocation for 250 grants by the James and Esther King Biomedical Research Program 251 for the recruitment of cancer, heart, or lung researchers and 252 research teams to institutions in the state; for operational 253 start-up grants for newly recruited cancer, heart, or lung 254 researchers and research teams; and for equipment expenditures 255 related to the expansion of cancer, heart, or lung research and 256 treatment capacity in this state. For the purposes of 257 implementing this paragraph, the council may develop a grant 258 application and review mechanism other than the process for 259 reviewing research proposals prescribed in subsection (6); 260 however, such mechanism must ensure a fair and rigorous analysis 261 of the merit of any proposals considered under this paragraph. 262 (6) To ensure that all proposals for research funding are 263 appropriate and are evaluated fairly on the basis of scientific 264 merit, the State Surgeon General, in consultation with the 265 council, shall appoint a peer review panel of independent, 266 scientifically qualified individuals to review the scientific 267 content of each proposal and establish its scientific priority 268 score. The priority scores shall be forwarded to the council and 269 must be considered in determining which proposals shall be 270 recommended for funding. 271 (7) The council and the peer review panel shall establish 272 and follow rigorous guidelines for ethical conduct and adhere to 273 a strict policy with regard to conflict of interest. A member of 274 the council or panel may not participate in any council or panel 275 discussion or decision with respect to a research proposal, or 276 any proposal related to those projects contemplated in paragraph 277 (5)(c), by any firm, entity, or agency with which the member is 278 associated as a member of the governing body or as an employee, 279 or with which the member has entered into a contractual 280 arrangement. Meetings of the council and the peer review panels 281 shall be subject to the provisions of chapter 119, s. 286.011, 282 and s. 24, Art. I of the State Constitution. 283 (8) The Department of Health may contract on a competitive 284 bid basis with an appropriate entity to administer the program. 285 Administrative expenses may not exceed 7.515percent of the 286 total funds available to the program in any given year. 287 (9) The Department of Health, after consultation with the 288 council, shallmayadopt rules as necessary to administer 289implementthis section, taking into consideration the nature of 290 the program and making allowances in any adopted rules which 291 enable timely implementation of calls for proposals, proposal 292 reviews, proposal considerations, and any other program 293 activities, and which prevent delays in making annual program 294 awards to grant recipients. 295 (10) The council shall submit an annual progress report on 296 the state of biomedical research in this state to the Florida 297 Center for Universal Research to Eradicate Disease and to the 298 Governor, the State Surgeon General, the President of the 299 Senate, and the Speaker of the House of Representatives by 300 February 1. The report must include: 301 (a) A list of research projects supported by grants or 302 fellowships awarded under the program. 303 (b) A list of recipients of program grants or fellowships. 304 (c) A list of publications in peer reviewed journals 305 involving research supported by grants or fellowships awarded 306 under the program. 307 (d) The total amount of biomedical research funding 308 currently flowing into the state. 309 (e) New grants for biomedical research which were funded 310 based on research supported by grants or fellowships awarded 311 under the program. 312 (f) Progress in the prevention, diagnosis, treatment, and 313 cure of diseases related to tobacco use, including cancer, 314 cardiovascular disease, stroke, and pulmonary disease. 315 (11) The council mayshallaward grants for cancer research 316 through the William G. “Bill” Bankhead, Jr., and David Coley 317 Cancer Research Program created in s. 381.922. 318 (12)(a) From funds appropriated to accomplish the goals of 319 this section, up to $500,000$250,000shall be available for the 320 operating costs of the Florida Center for Universal Research to 321 Eradicate Disease. 322 (b)(a)Beginning in the 2010-20112009-2010fiscal year and 323 thereafter, $50 million from5 percent ofthe revenue deposited 324 into the Health Care Trust Fund pursuant to ss. 210.011(9) and 325 210.276(7) shall be reserved for research of tobacco-related or 326 cancer-related illnesses, subject to annual appropriations in 327 the General Appropriations Act, which may include funding for 328 the James and Esther King Biomedical Research Program and the 329 William G. “Bill” Bankhead, Jr., and David Coley Cancer Research 330 Program; however, the sum of the revenue reserved pursuant to331ss.210.011(9) and210.276(7) may not exceed $50 million in any332fiscal year. 333(b)In the 2009-2010 fiscal year, 2.5 percent, not to334exceed $25 million, of the revenue deposited into the Health335Care Trust Fund pursuant to this subsection shall be transferred336to the Biomedical Research Trust Fund within the Department of337Health for the James and Esther King Biomedical Research338Program.339 (13) The Department of Health may accept gifts made 340 unconditionally by will or otherwise, deposit them into the 341 Biomedical Research Trust Fund, and use them for grant or 342 fellowship awards in the James and Esther King Biomedical 343 Research Program. Any gift made under conditions that, in the 344 judgment of the department, upon consultation with the council, 345 are proper and consistent with this section, the laws of the 346 United States, and state law, may be accepted and shall be held, 347 invested, reinvested, and used in accordance with the conditions 348 of the gift.By June 1, 2009, the Division of Statutory Revision349of the Office of Legislative Services shall certify to the350President of the Senate and the Speaker of the House of351Representatives the language and statutory citation of this352section, which is scheduled to expire January 1, 2011.353(14)The Legislature shall review the performance, the354outcomes, and the financial management of the James and Esther355King Biomedical Research Program during the 2010 Regular Session356of the Legislature and shall determine the most appropriate357funding source and means of funding the program based on its358review.359(15)This section expires January 1, 2011, unless reviewed360and reenacted by the Legislature before that date.361 Section 2. Paragraph (a) of subsection (5) of section 362 381.855, Florida Statutes, is amended to read: 363 381.855 Florida Center for Universal Research to Eradicate 364 Disease.— 365 (5) There is established within the center an advisory 366 council that shall meet at least annually. 367 (a) The council shall consist of one representative from a 368 Florida not-for-profit institution engaged in basic and clinical 369 biomedical research and education which receives more than $10 370 million in annual grant funding from the National Institutes of 371 Health, to be appointed by the State Surgeon General from a 372 different institution each term, and one representative from and 373 appointed by each of the following entities: 374 1. Enterprise Florida, Inc. 375 2. BioFlorida. 376 3. The Biomedical Research Advisory Council. 377 4. The Florida Medical Foundation. 378 5. Pharmaceutical Research and Manufacturers of America. 3796.The Florida Cancer Council.380 6.7.The American Cancer Society, Florida Division, Inc. 381 7.8.The American Heart Association. 382 8.9.The American Lung Association of Florida. 383 9.10.The American Diabetes Association, South Coastal 384 Region. 385 10.11.The Alzheimer’s Association. 386 11.12.The Epilepsy Foundation. 387 12.13.The National Parkinson Foundation. 388 13.14.The Florida Public Health Institute, Inc. 389 14.15.The Florida Research Consortium. 390 Section 3. Section 381.912, Florida Statutes, is repealed. 391 Section 4. Section 381.92, Florida Statutes, is repealed. 392 Section 5. Section 381.921, Florida Statutes, is repealed. 393 Section 6. Section 381.922, Florida Statutes, is amended to 394 read: 395 381.922 William G. “Bill” Bankhead, Jr., and David Coley 396 Cancer Research Program.— 397 (1) The William G. “Bill” Bankhead, Jr., and David Coley 398 Cancer Research Program, which may be otherwise cited as the 399 “Bankhead-Coley Program,” is created within the Department of 400 Health. The purpose of the program shall be to advance progress 401 towards cures for cancer usingthroughgrants awarded through a 402 peer-reviewed, competitive process and to expand cancer research 403 and treatment capacity in this state. 404 (2) The program shall provide grants for cancer research, 405 including cancer clinical trials projects as provided in this 406 section, to further the search for cures for cancer; for 407 recruiting cancer researchers and research teams to institutions 408 in the state; for operational start-up grants for newly 409 recruited cancer researchers and research teams; or for 410 equipment expenditures related to the expansion of cancer 411 research and treatment capacity in the state. 412 (a) Emphasis shall be given to the following goals that are 413 designed to foster dramatic improvement in cancer research 414 capacity in the stateenumerated in s.381.921, as theythose415goalssupport the advancement ofsuchcures:.416 1. Significantly expand cancer research capacity in the 417 state by identifying ways to attract new research talent and 418 attendant national grant-producing researchers to cancer 419 research facilities in this state; implement a peer-reviewed, 420 competitive process to identify and fund the best proposals to 421 expand cancer research institutes in this state; fund through 422 available resources those proposals that demonstrate the 423 greatest opportunity to attract federal research grants and 424 private financial support; encourage the employment of 425 bioinformatics in order to create a cancer informatics 426 infrastructure that enhances information and resource exchange 427 and integration through researchers working in diverse 428 disciplines; facilitate the full spectrum of cancer 429 investigations; facilitate the technical coordination, business 430 development, and support of intellectual property as it relates 431 to the advancement of cancer research; and aid in other 432 multidisciplinary research-support activities as they inure to 433 the advancement of cancer research. 434 2. Improve both research and treatment through greater 435 participation in clinical trial networks by: 436 a. Identifying ways to increase enrollment in cancer 437 clinical trials; 438 b. Supporting public and private professional education 439 programs designed to increase the awareness and knowledge about 440 cancer clinical trials; 441 c. Providing tools to cancer patients and community-based 442 oncologists to aid in the identification of cancer clinical 443 trials available in the state; and 444 d. Creating opportunities for the state’s academic cancer 445 centers to collaborate with community-based oncologists in 446 cancer clinical trials networks. 447 3. Reduce the impact of cancer on disparate groups by 448 identifying those cancers that disproportionately impact certain 449 demographic groups and building collaborations designed to 450 reduce health disparities as they relate to cancer. 451 (b) Preference may be given to grant proposals that foster 452 collaborations among institutions, researchers, and community 453 practitioners, as such proposals support the advancement of 454 cures through basic or applied research, including clinical 455 trials involving cancer patients and related networks and the 456 transfer of knowledge gained from research into the practice of 457 community practitioners. 458 (3)(a) Applications for funding for cancer research may be 459 submitted by any university or established research institute in 460 the state. All qualified investigators in the state, regardless 461 of institutional affiliation, shall have equal access and 462 opportunity to compete for the research funding. Collaborative 463 proposals, including those that advance the program’s goals 464 enumerated in subsection (2), may be given preference. Grants 465 shall be awarded by the State Surgeon General, after 466 consultation with the Biomedical Research Advisory Council 467 established in s. 215.5602, on the basis of scientific merit, as 468 determined by an open, competitive peer review process that 469 ensures objectivity, consistency, and high quality. The 470 following types of applications shall be considered for funding: 471 1. Investigator-initiated research grants. 472 2. Institutional research and training grants. 473 3. Predoctoral and postdoctoral research fellowships. 474 4.3.Collaborative research grants, including those that 475 advance the finding of cures through basic or applied research. 476 5. Clinical trial project grants, particularly those 477 projects such as matching services that identify prospective 478 clinical trials treatment options for cancer patients in this 479 state or those projects that otherwise foster greater rates of 480 participation in trials. At least one such grant shall be 481 awarded in any given year if a meritorious proposal or proposals 482 are received. Such project grant proposals are not required to 483 be posed as a research question in order to qualify for an 484 award. 485 (b) For any given year, the Biomedical Research Advisory 486 Council may recommend up to one-third of the allocation for 487 grants by the William G. “Bill” Bankhead, Jr., and David Coley 488 Cancer Research Program for the recruitment of cancer 489 researchers and research teams to institutions in the state, for 490 operational start-up grants for newly recruited cancer 491 researchers and research teams, or for equipment expenditures 492 related to the expansion of cancer research and treatment 493 capacity in the state. For the purposes of implementing this 494 paragraph, the council may develop a grant application and 495 review mechanism other than the process for reviewing research 496 proposals prescribed in paragraph (c); however, such mechanism 497 shall ensure a fair and rigorous analysis of the merit of any 498 proposals considered under this paragraph. 499 (c)(b)In order to ensure that all proposals for research 500 funding are appropriate and are evaluated fairly on the basis of 501 scientific merit, the State Surgeon General, in consultation 502 with the council, shall appoint a peer review panel of 503 independent, scientifically qualified individuals to review the 504 scientific content of each proposal and establish its priority 505 score. The priority scores shall be forwarded to the council and 506 must be considered in determining which proposals shall be 507 recommended for funding. 508 (d)(c)The council and the peer review panel shall 509 establish and follow rigorous guidelines for ethical conduct and 510 adhere to a strict policy with regard to conflicts of interest. 511 A member of the council or panel may not participate in any 512 council or panel discussion or decision with respect to a 513 research proposal, or any proposal related to those projects 514 contemplated in paragraph (b), by any firm, entity, or agency 515 with which the member is associated as a member of the governing 516 body or as an employee or with which the member has entered into 517 a contractual arrangement. Meetings of the council and the peer 518 review panels are subject to chapter 119, s. 286.011, and s. 24, 519 Art. I of the State Constitution. 520 (4) By February 1December 15of each year, the Department 521 of Health shall submit to the Governor, the President of the 522 Senate, and the Speaker of the House of Representatives a report 523 indicating progress towards the program’s mission and making 524 recommendations that further its purpose. 525 (5) The William G. “Bill” Bankhead, Jr., and David Coley 526 Cancer Research Program is funded pursuant to s. 215.5602(12) 527 and this section, as appropriated in the General Appropriations 528 Act. Funds appropriated for the William G. “Bill” Bankhead, Jr., 529 and David Coley Cancer Research Program shall be distributed 530 pursuant to this section to provide grants to researchers 531 seeking cures for cancer and cancer-related illnesses, with 532 emphasis given to the goals enumerated in paragraph (2)(a)s.533381.921. From the total funds appropriated, an amount of up to 534 7.510percent may be used for administrative expenses.In the5352009-2010 fiscal year, 2.5 percent, not to exceed $25 million,536of the revenue deposited into the Health Care Trust Fund537pursuant to s.215.5602(12)(a) shall be transferred to the538Biomedical Research Trust Fund within the Department of Health539for the William G. “Bill” Bankhead, Jr., and David Coley Cancer540Research Program.541 (6) The Department of Health may accept gifts made 542 unconditionally by will or otherwise, deposit them into the 543 Biomedical Research Trust Fund, and use them for grant or 544 fellowship awards in the William G. “Bill” Bankhead, Jr., and 545 David Coley Cancer Research Program. Any gift made under 546 conditions that, in the judgment of the department, upon 547 consultation with the council, are proper and consistent with 548 this section, the laws of the United States, and state law, may 549 be accepted and shall be held, invested, reinvested, and used in 550 accordance with the conditions of the gift.By June 1, 2009, the551Division of Statutory Revision of the Office of Legislative552Services shall certify to the President of the Senate and the553Speaker of the House of Representatives the language and554statutory citation of this section, which is scheduled to expire555January 1, 2011.556(7)The Legislature shall review the performance, the557outcomes, and the financial management of the William G. “Bill”558Bankhead, Jr., and David Coley Cancer Research Program during559the 2010 Regular Session of the Legislature and shall determine560the most appropriate funding source and means of funding the561program based on its review.562(8)This section expires January 1, 2011, unless reviewed563and reenacted by the Legislature before that date.564 Section 7. Section 381.923, Florida Statutes, is created to 565 read: 566 381.923 Comprehensive cancer control.— 567 (1) SHORT TITLE.—This section may be cited as the “Florida 568 Comprehensive Cancer Control Act.” 569 (2) LEGISLATIVE INTENT.—It is the finding of the 570 Legislature that: 571 (a) Advances in scientific knowledge have led to 572 prevention, early detection, and therapeutic capabilities in the 573 control of cancer. Such knowledge, screening technologies, and 574 therapies must be made available to all residents of this state. 575 (b) Research shows that certain lifestyles and exposures, 576 such as tobacco use, exposure to ultraviolet radiation from the 577 sun, and exposure to occupational and environmental carcinogens, 578 contribute to the risk for many types of cancer and that certain 579 screening tests are effective in finding cancer early when it is 580 more treatable. The role of diet, exercise, and other healthy 581 lifestyles are also important in cancer prevention and control. 582 Proven causes of cancer and methods for early detection should 583 be publicized and be the subject of linguistically and 584 culturally appropriate educational and awareness programs for 585 the prevention of cancer. 586 (c) An effective cancer control program would mobilize the 587 scientific, educational, and medical resources that presently 588 exist into an intense attack against this dreaded disease, with 589 the primary goal to reduce the cancer burden for the residents 590 of this state. 591 (3) DEFINITIONS.—As used in this section, the term: 592 (a) “Cancer” means all malignant neoplasms, regardless of 593 the tissue of origin, including lymphoma and leukemia. 594 (b) “Council” means the Florida Cancer Control and Resource 595 Advisory Council, which is an advisory body appointed to 596 function on a continuing basis to recommend solutions and policy 597 alternatives to the Governor, members of the Legislature, the 598 State Surgeon General, and other policymakers. 599 (c) “Department” means the Department of Health. 600 (d) “Plan” means the Florida Cancer Plan. 601 (e) “Program” means the Florida Cancer Control 602 Collaborative Program. 603 (f) “Qualified nonprofit association” means any 604 association, incorporated or unincorporated, which has received 605 tax-exempt status from the Internal Revenue Service. 606 (4) FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL; 607 CREATION; COMPOSITION.— 608 (a) There is created within the H. Lee Moffitt Cancer 609 Center and Research Institute, Inc., the Florida Cancer Control 610 and Resource Advisory Council. The council shall consist of 611 cancer organizational representation and cancer control 612 stakeholders, with a chairperson elected by the council 613 membership for a term of 2 years. Each council member must be a 614 resident of this state. Three members representing the general 615 public shall be appointed by the Governor. The Governor shall 616 make three separate appointments for 1-year, 2-year, and 3-year 617 terms beginning July 1, 2010; thereafter, gubernatorial 618 appointments to the council shall be for 3-year terms. The 619 President of the Senate and the Speaker of the House of 620 Representatives shall appoint one member from his or her 621 legislative body to serve on the council at any given time. Each 622 of the following organizations shall designate a representative 623 to serve on the council: 624 1. H. Lee Moffitt Cancer Center and Research Institute, 625 Inc. 626 2. University of Florida Shands Cancer Center. 627 3. University of Miami Sylvester Comprehensive Cancer 628 Center. 629 4. Mayo Clinic, Florida. 630 5. M.D. Anderson Cancer Center, Florida. 631 6. American Cancer Society, Florida Division. 632 7. American Lung Association of the Southeast. 633 8. American Association for Retired Persons. 634 9. Department of Health. 635 10. Department of Education. 636 11. Florida Tumor Registrars Association. 637 12. Florida Cancer Data System. 638 13. Florida Society of Oncology Social Workers. 639 14. Florida Oncology Nurses Society. 640 15. Florida Society of Clinical Oncology. 641 16. Florida Association of Pediatric Tumor Programs, Inc. 642 17. Florida Medical Association. 643 18. Florida Hospital Association. 644 19. Florida Nursing Association. 645 20. Florida Dental Association. 646 21. Florida Osteopathic Association. 647 22. University of Florida College of Medicine. 648 23. University of Miami College of Medicine. 649 24. University of South Florida College of Medicine. 650 25. Florida State University College of Medicine. 651 26. University of Central Florida College of Medicine. 652 27. Nova Southeastern College of Osteopathic Medicine. 653 28. Florida International University College of Medicine. 654 29. Lake Erie School of Osteopathic Medicine. 655 30. Biomedical Research Advisory Council. 656 31. Center for Universal Research to Eradicate Disease. 657 32. A representative from each of the regional Cancer 658 Control Collaboratives. 659 (b) An executive committee, which shall be responsible for 660 coordinating the activities and planning the direction of the 661 full council, shall be comprised of the council’s elected 662 chairman, one at-large member elected by the full council, and 663 the members representing the Department of Health, the American 664 Cancer Society, the H. Lee Moffitt Cancer Center and Research 665 Institute, Inc., the University of Florida Shands Cancer Center, 666 and the University of Miami Sylvester Comprehensive Cancer 667 Center, as well as the appointee of the President of the Senate, 668 the appointee of the Speaker of the House of Representatives, 669 and one of the gubernatorial appointees, who shall be designated 670 by the council’s chairman. Should the council chairman be a 671 designee from one of the named entities in this paragraph, the 672 full council shall elect a second at-large position to serve on 673 the executive committee. The elected positions on the executive 674 committee shall be for terms of 2 years. 675 (c) The council shall meet at least semiannually. A 676 majority of members shall constitute a quorum for the purpose of 677 exercising all of the powers of the council. 678 (d) The council members shall serve without compensation, 679 but are entitled to reimbursement for per diem and travel 680 expenses as provided in s. 112.061. 681 (e) A member of the council may not participate in any 682 council discussion or decision to recommend any type of award or 683 contract to any qualified nonprofit association or to any agency 684 of this state or its political subdivisions with which the 685 member is associated as a member of the governing body or as an 686 employee or with which the member has entered into a contractual 687 arrangement. 688 (f) The council may prescribe, amend, and repeal bylaws 689 governing the manner in which the business of the council is 690 conducted. 691 (g) The council shall advise the Governor, the Legislature, 692 the State Surgeon General, or other state policymakers with 693 respect to cancer control and resources in this state. 694 (h) The council shall approve a plan for cancer control to 695 be known as the “Florida Cancer Plan,” which shall be consistent 696 to the extent possible with other cancer or health-related state 697 plans and integrated and coordinated with existing programs in 698 this state. The council shall review and approve the plan at 699 least every 2 years. 700 (i) The council shall formulate and recommend to the 701 Governor, the Legislature, the State Surgeon General, and other 702 state policymakers a plan for the prevention and early detection 703 of cancer which is evidence-based and consistent with standards 704 of practice and supported by evidence-based medicine. The State 705 Surgeon General and other state policymakers shall consider the 706 plan in developing departmental priorities and funding 707 priorities and standards under chapter 385. 708 (j) The council shall provide expertise and input in the 709 content and development of the Florida Cancer Plan. 710 Recommendations shall include the coordination and integration 711 of other state plans concerned with cancer control. Committees 712 may be formed by the council so that the following areas will be 713 established as entities for actions: 714 1. Cancer plan evaluation, including tumor registry, data 715 retrieval systems, and epidemiology of cancer in the state and 716 its relation to other areas. 717 2. Cancer prevention. 718 3. Cancer detection. 719 4. Cancer treatments. 720 5. Support services for cancer patients and caregivers. 721 6. Cancer education for laypersons and professionals. 722 7. Other cancer-control-related topics. 723 (k) The council shall advise the State Surgeon General on 724 methods of enforcing and implementing laws already enacted and 725 concerned with cancer control. 726 (l) The council may recommend to the State Surgeon General 727 rules not inconsistent with law as it may deem necessary for the 728 performance of its duties and the proper administration of this 729 section. 730 (m) The council shall be physically located at the H. Lee 731 Moffitt Cancer Center and Research Institute, Inc. 732 (n) By December 1 of each year, the council shall report 733 any findings and recommendations to the Governor, the President 734 of the Senate, the Speaker of the House of Representatives, and 735 the State Surgeon General. 736 (o) If funds for this purpose are specifically appropriated 737 by the Legislature, the council shall develop or purchase 738 standardized written summaries, written in layperson’s terms and 739 in language easily understood by the average adult patient, 740 informing actual and high-risk breast cancer patients, prostate 741 cancer patients, and men who are considering prostate cancer 742 screening of the medically viable treatment alternatives 743 available to them in the effective management of breast cancer 744 and prostate cancer; describing such treatment alternatives; and 745 explaining the relative advantages, disadvantages, and risks 746 associated therewith. The breast cancer summary, upon its 747 completion, shall be printed in the form of a pamphlet or 748 booklet and made continuously available to physicians and 749 surgeons in this state for their use in accordance with s. 750 458.324 and to osteopathic physicians in this state for their 751 use in accordance with s. 459.0125. The council shall 752 periodically update both summaries to reflect current standards 753 of medical practice in the treatment of breast cancer and 754 prostate cancer. If funds for this purpose are specifically 755 appropriated by the Legislature, the council shall develop and 756 implement educational programs, including distribution of the 757 summaries developed or purchased under this paragraph, to inform 758 citizen groups, associations, and voluntary organizations about 759 early detection and treatment of breast cancer and prostate 760 cancer. 761 (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER 762 AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.— 763 (a) The H. Lee Moffitt Cancer Center and Research 764 Institute, Inc., shall provide a full-time executive director to 765 coordinate, facilitate, and communicate the mission and 766 responsibilities of the council. Additional administrative 767 support, information, and other assistance shall also be 768 provided as reasonably necessary for the completion of the 769 responsibilities of the council. 770 (b) From the funds appropriated annually for the William G. 771 “Bill” Bankhead, Jr., and David Coley Cancer Research Program, 772 the sum of $150,000 shall be allocated to the H. Lee Moffitt 773 Cancer Center and Research Institute, Inc., for the 774 administrative costs and staff support to convene and facilitate 775 the responsibilities of the council. 776 (c) The Department of Health, after consultation with the 777 council, may adopt rules necessary to administer this section. 778 (d) The Florida Cancer Plan is established within the 779 Department of Health. The Department of Health shall consult 780 with the council in developing the plan, prioritizing goals, and 781 allocating resources. 782 (6) FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM; CREATION; 783 COMPOSITION.— 784 (a) The Cancer Control Collaborative Program is established 785 within the Department of Health and resides within the cancer 786 program. The program is responsible for overseeing and providing 787 infrastructure for the state cancer collaborative network. The 788 primary mission of the program is to implement the plan’s 789 initiatives and identify and facilitate the local development of 790 solutions to cancer control needs of the populations served by 791 the regional cancer control collaboratives. The Cancer Control 792 Collaborative Program shall prioritize programs and resources to 793 reduce the burden of cancer in this state, consistent with the 794 plan. 795 (b) The Department of Health shall appoint a cancer program 796 director, who is responsible for supervising the collaborative 797 program. At a minimum, centralized organization, communications, 798 information technology, shared resources, and cancer control 799 expertise shall be provided to the regional cancer control 800 collaboratives by the Department of Health. 801 (c) Each regional cancer control collaborative shall bring 802 together local cancer stakeholders, develop bylaws, identify 803 priority cancer control needs of its region, and develop 804 solutions to solve problems, consistent with the plan and the 805 goal of reducing the burden of cancer in this state. Each 806 collaborative shall meet at least semiannually and send 807 representation to the council meetings. 808 (d) By October 15 of each year, the collaborative program 809 shall submit an annual report to the council. The council shall 810 have input into the prioritization of programs and proposed 811 allocation of resources in the program consistent with the plan. 812 (e) The Cancer Control Collaborative Program shall serve as 813 the infrastructure for expansion or adaptation as federal 814 programs or other opportunities arise for future cancer control 815 initiatives. The development of the infrastructure for local 816 cancer control collaboratives, to the extent possible, shall be 817 designed to leverage opportunities for funding from the United 818 States Centers for Disease Control or other federal sources. 819 Section 8. Subsection (1) and paragraph (a) of subsection 820 (2) of section 458.324, Florida Statutes, are amended to read: 821 458.324 Breast cancer; information on treatment 822 alternatives.— 823 (1) DEFINITION.—As used in this section, the term 824 “medically viable,” as applied to treatment alternatives, means 825 modes of treatment generally considered by the medical 826 profession to be within the scope of current, acceptable 827 standards, including treatment alternatives described in the 828 written summary prepared by the Florida Cancer Control and 829 ResourceResearchAdvisory Council in accordance with s. 830 381.923(4)(o)s.1004.435(4)(m). 831 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—Each physician 832 treating a patient who is, or in the judgment of the physician 833 is at high risk of being, diagnosed as having breast cancer 834 shall inform such patient of the medically viable treatment 835 alternatives available to such patient; shall describe such 836 treatment alternatives; and shall explain the relative 837 advantages, disadvantages, and risks associated with the 838 treatment alternatives to the extent deemed necessary to allow 839 the patient to make a prudent decision regarding such treatment 840 options. In compliance with this subsection: 841 (a) The physician may, in his or her discretion: 842 1. Orally communicate such information directly to the 843 patient or the patient’s legal representative; 844 2. Provide the patient or the patient’s legal 845 representative with a copy of the written summary prepared in 846 accordance with s. 381.923(4)(o)s.1004.435(4)(m)and express a 847 willingness to discuss the summary with the patient or the 848 patient’s legal representative; or 849 3. Both communicate such information directly and provide a 850 copy of the written summary to the patient or the patient’s 851 legal representative for further consideration and possible 852 later discussion. 853 854 Nothing in this subsection shall reduce other provisions of law 855 regarding informed consent. 856 Section 9. Subsection (1) and paragraph (a) of subsection 857 (2) of section 459.0125, Florida Statutes, are amended to read: 858 459.0125 Breast cancer; information on treatment 859 alternatives.— 860 (1) DEFINITION.—As used in this section, the term 861 “medically viable,” as applied to treatment alternatives, means 862 modes of treatment generally considered by the medical 863 profession to be within the scope of current, acceptable 864 standards, including treatment alternatives described in the 865 written summary prepared by the Florida Cancer Control and 866 ResourceResearchAdvisory Council in accordance with s. 867 381.923(4)(o)s.1004.435(4)(m). 868 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—It is the 869 obligation of every physician treating a patient who is, or in 870 the judgment of the physician is at high risk of being, 871 diagnosed as having breast cancer to inform such patient of the 872 medically viable treatment alternatives available to such 873 patient; to describe such treatment alternatives; and to explain 874 the relative advantages, disadvantages, and risks associated 875 with the treatment alternatives to the extent deemed necessary 876 to allow the patient to make a prudent decision regarding such 877 treatment options. In compliance with this subsection: 878 (a) The physician may, in her or his discretion: 879 1. Orally communicate such information directly to the 880 patient or the patient’s legal representative; 881 2. Provide the patient or the patient’s legal 882 representative with a copy of the written summary prepared in 883 accordance with s. 381.923(4)(o)s.1004.435(4)(m)and express 884 her or his willingness to discuss the summary with the patient 885 or the patient’s legal representative; or 886 3. Both communicate such information directly and provide a 887 copy of the written summary to the patient or the patient’s 888 legal representative for further consideration and possible 889 later discussion. 890 891 Nothing in this subsection shall reduce other provisions of law 892 regarding informed consent. 893 Section 10. Section 1004.435, Florida Statutes, is 894 repealed. 895 Section 11. This act shall take effect July 1, 2010.
