Bill Text: FL S0620 | 2010 | Regular Session | Introduced

Florida Senate Bill 620 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
 
Florida Senate - 2010                                     SB 620 
 
By the Committee on Health Regulation 
588-00711-10                                           2010620__ 
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         establishing a staggered membership for appointed 
8         members of the Biomedical Research Advisory Council; 
9         requiring the Department of Health to adopt rules to 
10         administer the James and Esther King Biomedical 
11         Research Program and the William G. “Bill” Bankhead, 
12         Jr., and David Coley Cancer Research Program; 
13         requiring the council to recommend to the State 
14         Surgeon General, rather than award, grants for cancer 
15         research through the William G. “Bill” Bankhead, Jr., 
16         and David Coley Cancer Research Program; authorizing 
17         the Department of Health to accept and use gifts for 
18         awards under the James and Esther King Biomedical 
19         Research Program; deleting obsolete provisions; 
20         deleting a provision providing for the future 
21         expiration of the James and Esther King Biomedical 
22         Research Program; amending s. 381.922, F.S.; providing 
23         a funding source for the William G. “Bill” Bankhead, 
24         Jr., and David Coley Cancer Research Program; 
25         authorizing the Department of Health to accept and use 
26         gifts for awards under the William G. “Bill” Bankhead, 
27         Jr., and David Coley Cancer Research Program; deleting 
28         obsolete provisions; deleting provisions providing for 
29         the future expiration of the William G. “Bill” 
30         Bankhead, Jr., and David Coley Cancer Research 
31         Program; providing an effective date. 
32 
33  Be It Enacted by the Legislature of the State of Florida: 
34 
35         Section 1. Section 215.5602, Florida Statutes, is amended 
36  to read: 
37         215.5602 James and Esther King Biomedical Research 
38  Program.— 
39         (1) There is established within the Department of Health 
40  the James and Esther King Biomedical Research Program funded by 
41  the proceeds of the Lawton Chiles Endowment Fund pursuant to s. 
42  215.5601. The purpose of the James and Esther King Biomedical 
43  Research Program is to provide an annual and perpetual source of 
44  funding in order to support research initiatives that address 
45  the health care problems of Floridians in the areas of tobacco 
46  related cancer, cardiovascular disease, stroke, and pulmonary 
47  disease. The long-term goals of the program are to: 
48         (a) Improve the health of Floridians by researching better 
49  prevention, diagnoses, treatments, and cures for cancer, 
50  cardiovascular disease, stroke, and pulmonary disease. 
51         (b) Expand the foundation of biomedical knowledge relating 
52  to the prevention, diagnosis, treatment, and cure of diseases 
53  related to tobacco use, including cancer, cardiovascular 
54  disease, stroke, and pulmonary disease. 
55         (c) Improve the quality of the state’s academic health 
56  centers by bringing the advances of biomedical research into the 
57  training of physicians and other health care providers. 
58         (d) Increase the state’s per capita funding for research by 
59  undertaking new initiatives in public health and biomedical 
60  research that will attract additional funding from outside the 
61  state. 
62         (e) Stimulate economic activity in the state in areas 
63  related to biomedical research, such as the research and 
64  production of pharmaceuticals, biotechnology, and medical 
65  devices. 
66         (2) Funds appropriated for the James and Esther King 
67  Biomedical Research Program shall be used exclusively for the 
68  award of grants and fellowships as established in this section; 
69  for research relating to the prevention, diagnosis, treatment, 
70  and cure of diseases related to tobacco use, including cancer, 
71  cardiovascular disease, stroke, and pulmonary disease; and for 
72  expenses incurred in the administration of this section; and as 
73  provided in paragraph (12)(a). Priority shall be granted to 
74  research designed to prevent or cure disease. 
75         (3) There is created within the Department of Health the 
76  Biomedical Research Advisory Council. 
77         (a) The council shall consist of 11 members, including: the 
78  chief executive officer of the Florida Division of the American 
79  Cancer Society, or a designee; the chief executive officer of 
80  the Florida/Puerto Rico Affiliate of the American Heart 
81  Association, or a designee; and the chief executive officer of 
82  the American Lung Association of Florida, or a designee. The 
83  remaining 8 members of the council shall be appointed as 
84  follows: 
85         1. The Governor shall appoint four members, two members 
86  with expertise in the field of biomedical research, one member 
87  from a research university in the state, and one member 
88  representing the general population of the state. 
89         2. The President of the Senate shall appoint two members, 
90  one member with expertise in the field of behavioral or social 
91  research and one representative from a cancer program approved 
92  by the American College of Surgeons. 
93         3. The Speaker of the House of Representatives shall 
94  appoint two members, one member from a professional medical 
95  organization and one representative from a cancer program 
96  approved by the American College of Surgeons. 
97 
98  In making these appointments, the Governor, the President of the 
99  Senate, and the Speaker of the House of Representatives shall 
100  select primarily, but not exclusively, Floridians with 
101  biomedical and lay expertise in the general areas of cancer, 
102  cardiovascular disease, stroke, and pulmonary disease. The 
103  appointments shall be for 4-year staggered terms a 3-year term 
104  and shall reflect the diversity of the state’s population. An 
105  appointed member may not serve more than two consecutive terms. 
106  The first two appointments by the Governor and the first 
107  appointment by the President of the Senate and the Speaker of 
108  the House of Representatives on or after July 1, 2010, shall be 
109  for a term of 2 years. 
110         (b) The council shall adopt internal organizational 
111  procedures as necessary for its efficient organization. 
112         (c) The department shall provide such staff, information, 
113  and other assistance as is reasonably necessary to assist the 
114  council in carrying out its responsibilities. 
115         (d) Members of the council shall serve without 
116  compensation, but are entitled to may receive reimbursement as 
117  provided in s. 112.061 for travel and other necessary expenses 
118  incurred in the performance of their official duties. 
119         (4) The council shall advise the State Surgeon General as 
120  to the direction and scope of the biomedical research program. 
121  The responsibilities of the council may include, but are not 
122  limited to: 
123         (a) Providing advice on program priorities and emphases. 
124         (b) Providing advice on the overall program budget. 
125         (c) Participating in periodic program evaluation. 
126         (d) Assisting in the development of guidelines to ensure 
127  fairness, neutrality, and adherence to the principles of merit 
128  and quality in the conduct of the program. 
129         (e) Assisting in the development of appropriate linkages to 
130  nonacademic entities, such as voluntary organizations, health 
131  care delivery institutions, industry, government agencies, and 
132  public officials. 
133         (f) Developing criteria and standards for the award of 
134  research grants. 
135         (g) Developing administrative procedures relating to 
136  solicitation, review, and award of research grants and 
137  fellowships, to ensure an impartial, high-quality peer review 
138  system. 
139         (h) Developing and supervising research peer review panels. 
140         (i) Reviewing reports of peer review panels and making 
141  recommendations for research grants and fellowships. 
142         (j) Developing and providing oversight regarding mechanisms 
143  for the dissemination of research results. 
144         (5)(a) Applications for biomedical research funding under 
145  the program may be submitted from any university or established 
146  research institute in the state. All qualified investigators in 
147  the state, regardless of institution affiliation, shall have 
148  equal access and opportunity to compete for the research 
149  funding. 
150         (b) Grants and fellowships shall be awarded by the State 
151  Surgeon General, after consultation with the council, on the 
152  basis of scientific merit, as determined by an open competitive 
153  peer review process that ensures objectivity, consistency, and 
154  high quality. The following types of applications shall be 
155  considered for funding: 
156         1. Investigator-initiated research grants. 
157         2. Institutional research grants. 
158         3. Predoctoral and postdoctoral research fellowships. 
159         (6) To ensure that all proposals for research funding are 
160  appropriate and are evaluated fairly on the basis of scientific 
161  merit, the State Surgeon General, in consultation with the 
162  council, shall appoint a peer review panel of independent, 
163  scientifically qualified individuals to review the scientific 
164  content of each proposal and establish its scientific priority 
165  score. The priority scores shall be forwarded to the council and 
166  must be considered in determining which proposals shall be 
167  recommended for funding. 
168         (7) The council and the peer review panel shall establish 
169  and follow rigorous guidelines for ethical conduct and adhere to 
170  a strict policy with regard to conflict of interest. A member of 
171  the council or panel may not participate in any discussion or 
172  decision with respect to a research proposal by any firm, 
173  entity, or agency with which the member is associated as a 
174  member of the governing body or as an employee, or with which 
175  the member has entered into a contractual arrangement. Meetings 
176  of the council and the peer review panels shall be subject to 
177  the provisions of chapter 119, s. 286.011, and s. 24, Art. I of 
178  the State Constitution. 
179         (8) The Department of Health may contract on a competitive 
180  bid basis with an appropriate entity to administer the program. 
181  Administrative expenses may not exceed 15 percent of the total 
182  funds available to the program in any given year. 
183         (9) The Department of Health, after consultation with the 
184  council, shall may adopt rules as necessary to administer 
185  implement this section and s. 381.922. 
186         (10) The council shall submit an annual progress report on 
187  the state of biomedical research in this state to the Florida 
188  Center for Universal Research to Eradicate Disease and to the 
189  Governor, the State Surgeon General, the President of the 
190  Senate, and the Speaker of the House of Representatives by 
191  February 1. The report must include: 
192         (a) A list of research projects supported by grants or 
193  fellowships awarded under the program. 
194         (b) A list of recipients of program grants or fellowships. 
195         (c) A list of publications in peer reviewed journals 
196  involving research supported by grants or fellowships awarded 
197  under the program. 
198         (d) The total amount of biomedical research funding 
199  currently flowing into the state. 
200         (e) New grants for biomedical research which were funded 
201  based on research supported by grants or fellowships awarded 
202  under the program. 
203         (f) Progress in the prevention, diagnosis, treatment, and 
204  cure of diseases related to tobacco use, including cancer, 
205  cardiovascular disease, stroke, and pulmonary disease. 
206         (11) The council shall recommend to the State Surgeon 
207  General award grants for cancer research through the William G. 
208  “Bill” Bankhead, Jr., and David Coley Cancer Research Program 
209  created in s. 381.922. 
210         (12)(a) From funds appropriated to accomplish the goals of 
211  this section, up to $250,000 shall be available for the 
212  operating costs of the Florida Center for Universal Research to 
213  Eradicate Disease. 
214         (b)(a) Beginning in the 2009-2010 fiscal year and 
215  thereafter, 5 percent of the revenue deposited into the Health 
216  Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall 
217  be reserved for research of tobacco-related or cancer-related 
218  illnesses through the James and Esther King Biomedical Research 
219  Program and the William G. “Bill” Bankhead, Jr., and David Coley 
220  Cancer Research Program; however, the sum of the revenue 
221  reserved pursuant to ss. 210.011(9) and 210.276(7) may not 
222  exceed $50 million in any fiscal year. 
223         (b) In the 2009-2010 fiscal year, 2.5 percent, not to 
224  exceed $25 million, of the revenue deposited into the Health 
225  Care Trust Fund pursuant to this subsection shall be transferred 
226  to the Biomedical Research Trust Fund within the Department of 
227  Health for the James and Esther King Biomedical Research 
228  Program. 
229         (13) The Department of Health may accept gifts made 
230  unconditionally by will or otherwise, deposit them into the 
231  Biomedical Research Trust Fund, and use them for grant or 
232  fellowship awards in the James and Esther King Biomedical 
233  Research Program. Any gift made under conditions that, in the 
234  judgment of the department, upon consultation with the council, 
235  are proper and consistent with this section, the laws of the 
236  United States, and state law, may be accepted and shall be held, 
237  invested, reinvested, and used in accordance with the conditions 
238  of the gift. By June 1, 2009, the Division of Statutory Revision 
239  of the Office of Legislative Services shall certify to the 
240  President of the Senate and the Speaker of the House of 
241  Representatives the language and statutory citation of this 
242  section, which is scheduled to expire January 1, 2011. 
243         (14) The Legislature shall review the performance, the 
244  outcomes, and the financial management of the James and Esther 
245  King Biomedical Research Program during the 2010 Regular Session 
246  of the Legislature and shall determine the most appropriate 
247  funding source and means of funding the program based on its 
248  review. 
249         (15) This section expires January 1, 2011, unless reviewed 
250  and reenacted by the Legislature before that date. 
251         Section 2. Subsections (5), (6), (7), and (8) of section 
252  381.922, Florida Statutes, are amended to read: 
253         381.922 William G. “Bill” Bankhead, Jr., and David Coley 
254  Cancer Research Program.— 
255         (5) The William G. “Bill” Bankhead, Jr., and David Coley 
256  Cancer Research Program is funded pursuant to s. 215.5602(12) 
257  and this section. Funds appropriated for the William G. “Bill” 
258  Bankhead, Jr., and David Coley Cancer Research Program shall be 
259  distributed pursuant to this section to provide grants to 
260  researchers seeking cures for cancer and cancer-related 
261  illnesses, with emphasis given to the goals enumerated in s. 
262  381.921. From the total funds appropriated, an amount of up to 
263  10 percent may be used for administrative expenses. In the 2009 
264  2010 fiscal year, 2.5 percent, not to exceed $25 million, of the 
265  revenue deposited into the Health Care Trust Fund pursuant to s. 
266  215.5602(12)(a) shall be transferred to the Biomedical Research 
267  Trust Fund within the Department of Health for the William G. 
268  “Bill” Bankhead, Jr., and David Coley Cancer Research Program. 
269         (6) The Department of Health may accept gifts made 
270  unconditionally by will or otherwise, deposit them into the 
271  Biomedical Research Trust Fund, and use them for grant awards in 
272  the William G. “Bill” Bankhead, Jr., and David Coley Cancer 
273  Research Program. Any gift made under conditions that, in the 
274  judgment of the department, upon consultation with the council, 
275  are proper and consistent with this section, the laws of the 
276  United States, and state law, may be accepted and shall be held, 
277  invested, reinvested, and used in accordance with the conditions 
278  of the gift. By June 1, 2009, the Division of Statutory Revision 
279  of the Office of Legislative Services shall certify to the 
280  President of the Senate and the Speaker of the House of 
281  Representatives the language and statutory citation of this 
282  section, which is scheduled to expire January 1, 2011. 
283         (7) The Legislature shall review the performance, the 
284  outcomes, and the financial management of the William G. “Bill” 
285  Bankhead, Jr., and David Coley Cancer Research Program during 
286  the 2010 Regular Session of the Legislature and shall determine 
287  the most appropriate funding source and means of funding the 
288  program based on its review. 
289         (8) This section expires January 1, 2011, unless reviewed 
290  and reenacted by the Legislature before that date. 
291         Section 3. This act shall take effect July 1, 2010.