Bill Text: FL S0620 | 2010 | Regular Session | Comm Sub
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-Comm_Sub.html
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 SB 620 By the Committees on Health Regulation; and Health Regulation 588-01387C-10 2010620c1 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; reducing the percentage of 13 funds available for administrative expenses of the 14 James and Esther King Biomedical Research Program; 15 requiring the Department of Health to adopt rules to 16 administer the James and Esther King Biomedical 17 Research Program and the William G. “Bill” Bankhead, 18 Jr., and David Coley Cancer Research Program; 19 requiring the council to recommend to the State 20 Surgeon General, rather than award, grants for cancer 21 research through the William G. “Bill” Bankhead, Jr., 22 and David Coley Cancer Research Program; increasing 23 the funding available to the Florida Center for 24 Universal Research to Eradicate Disease; allocating a 25 certain amount of money to the James and Esther King 26 Biomedical Research Program and the William G. “Bill” 27 Bankhead, Jr., and David Coley Cancer Research 28 Program; authorizing the Department of Health to 29 accept and use gifts for awards under the James and 30 Esther King Biomedical Research Program; deleting 31 obsolete provisions; deleting a provision providing 32 for the future expiration of the James and Esther King 33 Biomedical Research Program; repealing s. 381.92, 34 F.S., relating to the Florida Cancer Council; 35 repealing s. 381.921, F.S., relating to the mission 36 and duties of the Florida Cancer Council; amending s. 37 381.922, F.S.; revising the purpose of the William G. 38 “Bill” Bankhead, Jr., and David Coley Cancer Research 39 Program; revising the duties and goals of the William 40 G. “Bill” Bankhead, Jr., and David Coley Cancer 41 Research Program; revising the types of applications 42 considered for funding; authorizing the Biomedical 43 Research Advisory Council to recommend a portion of 44 the allocation for the William G. “Bill” Bankhead, 45 Jr., and David Coley Cancer Research Program for 46 specified purposes; requiring the department to submit 47 to the Governor and Legislature a report by a 48 specified date; providing a funding source for the 49 William G. “Bill” Bankhead, Jr., and David Coley 50 Cancer Research Program; reducing the percentage of 51 funds available for administrative expenses of the 52 William G. “Bill” Bankhead, Jr., and David Coley 53 Cancer Research Program; authorizing the Department of 54 Health to accept and use gifts for awards under the 55 William G. “Bill” Bankhead, Jr., and David Coley 56 Cancer Research Program; deleting obsolete provisions; 57 deleting provisions providing for the future 58 expiration of the William G. “Bill” Bankhead, Jr., and 59 David Coley Cancer Research Program; creating s. 60 381.923, F.S., relating to the Florida Comprehensive 61 Cancer Control Act; providing a short title; providing 62 legislative intent; providing definitions; creating 63 the Florida Cancer Control and Resource Advisory 64 Council; providing membership of the council; 65 providing the composition of the executive committee 66 of the council; providing for terms of the council and 67 meetings; providing for reimbursement for per diem and 68 travel expenses; prohibiting a member of the council 69 from participating in any discussion or decision to 70 recommend any type of award or contract to any 71 qualified nonprofit association or to any agency of 72 this state or its political subdivisions with which 73 the member is associated as a member of the governing 74 body or as an employee or with which the member has 75 entered into a contractual arrangement; providing the 76 duties and responsibilities of the council; requiring 77 the council to report findings and recommendations to 78 the Governor, the Legislature, and the State Surgeon 79 General; requiring that the H. Lee Moffitt Cancer 80 Center and Research Institute, Inc., have a executive 81 director; allocating a specified amount of money from 82 the William G. “Bill” Bankhead, Jr., and David Coley 83 Cancer Research Program to the H. Lee Moffitt Cancer 84 Center and Research Institute, Inc., for 85 administrative costs and staff support; authorizing 86 the Department of Health to administer the act; 87 requiring the department to produce the Florida Cancer 88 Plan in consultation with the Florida Cancer Control 89 and Resource Advisory Council; creating the Cancer 90 Control Collaborative Program within the Department of 91 Health; providing the responsibility and mission of 92 the program; requiring the department to appoint a 93 director; providing duties for each collaborative; 94 requiring the collaborative program to submit to the 95 Florida Cancer Control and Resource Advisory Council 96 an annual report by a specified date; requiring the 97 Cancer Control Collaborative Program to serve as the 98 infrastructure for expansion or adaption as federal 99 programs or other opportunities arise for future 100 cancer control initiatives; amending ss. 458.324 and 101 459.0125, F.S.; deleting obsolete provisions; 102 repealing s. 1004.435, F.S., relating to cancer 103 control and research; providing an effective date. 104 105 Be It Enacted by the Legislature of the State of Florida: 106 107 Section 1. Section 215.5602, Florida Statutes, is amended 108 to read: 109 215.5602 James and Esther King Biomedical Research 110 Program.— 111 (1) There is established within the Department of Health 112 the James and Esther King Biomedical Research Programfunded by113the proceeds of the Lawton Chiles Endowment Fund pursuant to s.114215.5601. The purpose of the James and Esther King Biomedical 115 Research Program is to provide an annual and perpetual source of 116 funding in order to support research initiatives that address 117 the health care problems of Floridians in the areas of tobacco 118 related cancer, cardiovascular disease, stroke, and pulmonary 119 disease. The long-term goals of the program are to: 120 (a) Improve the health of Floridians by researching better 121 prevention, diagnoses, treatments, and cures for cancer, 122 cardiovascular disease, stroke, and pulmonary disease. 123 (b) Expand the foundation of biomedical knowledge relating 124 to the prevention, diagnosis, treatment, and cure of diseases 125 related to tobacco use, including cancer, cardiovascular 126 disease, stroke, and pulmonary disease. 127 (c) Improve the quality of the state’s academic health 128 centers by bringing the advances of biomedical research into the 129 training of physicians and other health care providers. 130 (d) Increase the state’s per capita funding for research by 131 undertaking new initiatives in public health and biomedical 132 research that will attract additional funding from outside the 133 state. 134 (e) Stimulate economic activity in the state in areas 135 related to biomedical research, such as the research and 136 production of pharmaceuticals, biotechnology, and medical 137 devices. 138 (2) Funds appropriated for the James and Esther King 139 Biomedical Research Program shall be used exclusively for the 140 award of grants and fellowships as established in this section; 141 for research relating to the prevention, diagnosis, treatment, 142 and cure of diseases related to tobacco use, including cancer, 143 cardiovascular disease, stroke, and pulmonary disease;andfor 144 expenses incurred in the administration of this section; and as 145 provided in subsections (5) and (12). Priority shall be granted 146 to research designed to prevent or cure disease. 147 (3) There is created within the Department of Health the 148 Biomedical Research Advisory Council. 149 (a) The council shall consist of 1311members, including: 150 the chief executive officer of the Florida Division of the 151 American Cancer Society, or a designee; the chief executive 152 officer of the Greater SoutheastFlorida/Puerto RicoAffiliate 153 of the American Heart Association, or a designee;andthe chief 154 executive officer of the American Lung Association of Florida, 155 or a designee; the chief executive officer of Enterprise 156 Florida, or a designee; and the chief executive officer of 157 BioFlorida, or a designee. The remaining 8 members of the 158 council shall be appointed as follows: 159 1. The Governor shall appoint four members, two members 160 with expertise in the field of biomedical research, one member 161 from a research university in the state, and one member 162 representing the general population of the state. 163 2. The President of the Senate shall appoint two members, 164 one member with expertise in the field of behavioral or social 165 research and one representative from a cancer program approved 166 by the American College of Surgeons. 167 3. The Speaker of the House of Representatives shall 168 appoint two members, one member from a professional medical 169 organization and one representative from a cancer program 170 approved by the American College of Surgeons. 171 172 In making these appointments, the Governor, the President of the 173 Senate, and the Speaker of the House of Representatives shall 174 select primarily, but not exclusively, Floridians with 175 biomedical and lay expertise in the general areas of cancer, 176 cardiovascular disease, stroke, and pulmonary disease. The 177 appointments shall be for 4-year staggered termsa 3-year term178 and shall reflect the diversity of the state’s population. An 179 appointed member may not serve more than two consecutive terms. 180 The first two appointments by the Governor and the first 181 appointment by the President of the Senate and the Speaker of 182 the House of Representatives on or after July 1, 2010, shall be 183 for a term of 2 years. 184 (b) The council shall adopt internal organizational 185 procedures as necessary for its efficient organization. 186 (c) The department shall provide such staff, information, 187 and other assistance as is reasonably necessary to assist the 188 council in carrying out its responsibilities. 189 (d) Members of the council shall serve without 190 compensation, but may receive reimbursement as provided in s. 191 112.061 for travel and other necessary expenses incurred in the 192 performance of their official duties. 193 (4) The council shall advise the State Surgeon General as 194 to the direction and scope of the biomedical research program. 195 The responsibilities of the council may include, but are not 196 limited to: 197 (a) Providing advice on program priorities and emphases. 198 (b) Providing advice on the overall program budget. 199 (c) Participating in periodic program evaluation. 200 (d) Assisting in the development of guidelines to ensure 201 fairness, neutrality, and adherence to the principles of merit 202 and quality in the conduct of the program. 203 (e) Assisting in the development of appropriate linkages to 204 nonacademic entities, such as voluntary organizations, health 205 care delivery institutions, industry, government agencies, and 206 public officials. 207 (f) Developing criteria and standards for the award of 208 research grants. 209 (g) Developing administrative procedures relating to 210 solicitation, review, and award of research grants and 211 fellowships, to ensure an impartial, high-quality peer review 212 system. 213 (h) Developing and supervising research peer review panels. 214 (i) Reviewing reports of peer review panels and making 215 recommendations for research grants and fellowships. 216 (j) Developing and providing oversight regarding mechanisms 217 for the dissemination of research results. 218 (5)(a) Applications for biomedical research funding under 219 the program may be submitted from any university or established 220 research institute in the state. All qualified investigators in 221 the state, regardless of institution affiliation, shall have 222 equal access and opportunity to compete for the research 223 funding. 224 (b) Grants and fellowships shall be awarded by the State 225 Surgeon General, after consultation with the council, on the 226 basis of scientific merit, as determined by an open competitive 227 peer review process that ensures objectivity, consistency, and 228 high quality. The following types of applications shall be 229 considered for funding: 230 1. Investigator-initiated research grants. 231 2. Institutional research and training grants. 232 3. Predoctoral and postdoctoral research fellowships. 233 (c) For any given year, the Biomedical Research Advisory 234 Council may also recommend up to one-third of the allocation for 235 the James and Esther King Biomedical Research Program for the 236 recruitment of cancer, heart, or lung researchers and research 237 teams to institutions in the state; for operational start-up 238 grants for newly recruited cancer, heart, or lung researchers 239 and research teams; and for equipment expenditures related to 240 the expansion of cancer, heart, or lung research and treatment 241 capacity in this state. 242 (6) To ensure that all proposals for research funding are 243 appropriate and are evaluated fairly on the basis of scientific 244 merit, the State Surgeon General, in consultation with the 245 council, shall appoint a peer review panel of independent, 246 scientifically qualified individuals to review the scientific 247 content of each proposal and establish its scientific priority 248 score. The priority scores shall be forwarded to the council and 249 must be considered in determining which proposals shall be 250 recommended for funding. 251 (7) The council and the peer review panel shall establish 252 and follow rigorous guidelines for ethical conduct and adhere to 253 a strict policy with regard to conflict of interest. A member of 254 the council or panel may not participate in any discussion or 255 decision with respect to a research proposal by any firm, 256 entity, or agency with which the member is associated as a 257 member of the governing body or as an employee, or with which 258 the member has entered into a contractual arrangement. Meetings 259 of the council and the peer review panels shall be subject to 260 the provisions of chapter 119, s. 286.011, and s. 24, Art. I of 261 the State Constitution. 262 (8) The Department of Health may contract on a competitive 263 bid basis with an appropriate entity to administer the program. 264 Administrative expenses may not exceed 7.515percent of the 265 total funds available to the program in any given year. 266 (9) The Department of Health, after consultation with the 267 council, shallmayadopt rules as necessary to administer 268implementthis section, taking into consideration the nature of 269 the program and making allowances in any adopted rules which 270 enable timely implementation of calls for proposals, proposal 271 reviews, proposal considerations, and any other program 272 activities, and which prevent delays in making annual program 273 awards to grant recipients. 274 (10) The council shall submit an annual progress report on 275 the state of biomedical research in this state to the Florida 276 Center for Universal Research to Eradicate Disease and to the 277 Governor, the State Surgeon General, the President of the 278 Senate, and the Speaker of the House of Representatives by 279 February 1. The report must include: 280 (a) A list of research projects supported by grants or 281 fellowships awarded under the program. 282 (b) A list of recipients of program grants or fellowships. 283 (c) A list of publications in peer reviewed journals 284 involving research supported by grants or fellowships awarded 285 under the program. 286 (d) The total amount of biomedical research funding 287 currently flowing into the state. 288 (e) New grants for biomedical research which were funded 289 based on research supported by grants or fellowships awarded 290 under the program. 291 (f) Progress in the prevention, diagnosis, treatment, and 292 cure of diseases related to tobacco use, including cancer, 293 cardiovascular disease, stroke, and pulmonary disease. 294 (11) The council shall award grants for cancer research 295 through the William G. “Bill” Bankhead, Jr., and David Coley 296 Cancer Research Program created in s. 381.922. 297 (12)(a) From funds appropriated to accomplish the goals of 298 this section, up to $500,000$250,000shall be available for the 299 operating costs of the Florida Center for Universal Research to 300 Eradicate Disease. 301 (b)(a)Beginning in the 2010-20112009-2010fiscal year and 302 thereafter, 5 percent of the revenue deposited into the Health 303 Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7) shall 304 be reserved for research of tobacco-related or cancer-related 305 illnesses through the James and Esther King Biomedical Research 306 Program and the William G. “Bill” Bankhead, Jr. and David Coley 307 Cancer Research Program. The sum of $25 million shall be 308 allocated annually to each of these programs; however, the sum309of the revenue reserved pursuant to ss.210.011(9) and310210.276(7) may not exceed $50 million in any fiscal year. 311(b)In the 2009-2010 fiscal year, 2.5 percent, not to312exceed $25 million, of the revenue deposited into the Health313Care Trust Fund pursuant to this subsection shall be transferred314to the Biomedical Research Trust Fund within the Department of315Health for the James and Esther King Biomedical Research316Program.317 (13) The Department of Health may accept gifts made 318 unconditionally by will or otherwise, deposit them into the 319 Biomedical Research Trust Fund, and use them for grant or 320 fellowship awards in the James and Esther King Biomedical 321 Research Program. Any gift made under conditions that, in the 322 judgment of the department, upon consultation with the council, 323 are proper and consistent with this section, the laws of the 324 United States, and state law, may be accepted and shall be held, 325 invested, reinvested, and used in accordance with the conditions 326 of the gift.By June 1, 2009, the Division of Statutory Revision327of the Office of Legislative Services shall certify to the328President of the Senate and the Speaker of the House of329Representatives the language and statutory citation of this330section, which is scheduled to expire January 1, 2011.331(14)The Legislature shall review the performance, the332outcomes, and the financial management of the James and Esther333King Biomedical Research Program during the 2010 Regular Session334of the Legislature and shall determine the most appropriate335funding source and means of funding the program based on its336review.337(15)This section expires January 1, 2011, unless reviewed338and reenacted by the Legislature before that date.339 Section 2. Section 381.92, Florida Statutes, is repealed. 340 Section 3. Section 381.921, Florida Statutes, is repealed. 341 Section 4. Section 381.922, Florida Statutes, is amended to 342 read: 343 381.922 William G. “Bill” Bankhead, Jr., and David Coley 344 Cancer Research Program.— 345 (1) The William G. “Bill” Bankhead, Jr., and David Coley 346 Cancer Research Program, which may be otherwise cited as the 347 “Bankhead-Coley Program,” is created within the Department of 348 Health. The purpose of the program shall be to advance progress 349 towards cures for cancer usingthroughgrants awarded through a 350 peer-reviewed, competitive process and to expand cancer research 351 and treatment capacity in this state. 352 (2) The program shall provide grants for cancer research, 353 including cancer clinical trials projects as provided in this 354 section, to further the search for cures for cancer; for 355 recruiting cancer researchers and research teams to institutions 356 in the state; for operational start-up grants for newly 357 recruited cancer researchers and research teams; or for 358 equipment expenditures related to the expansion of cancer 359 research and treatment capacity in the state. 360 (a) Emphasis shall be given to the following goals that are 361 designed to foster dramatic improvement in cancer research 362 capacity in the stateenumerated in s.381.921, as theythose363goalssupport the advancement ofsuchcures:.364 1. Significantly expand cancer research capacity in the 365 state by identifying ways to attract new research talent and 366 attendant national grant-producing researchers to cancer 367 research facilities in this state; implement a peer-reviewed, 368 competitive process to identify and fund the best proposals to 369 expand cancer research institutes in this state; fund through 370 available resources those proposals that demonstrate the 371 greatest opportunity to attract federal research grants and 372 private financial support; encourage the employment of 373 bioinformatics in order to create a cancer informatics 374 infrastructure that enhances information and resource exchange 375 and integration through researchers working in diverse 376 disciplines; facilitate the full spectrum of cancer 377 investigations; facilitate the technical coordination, business 378 development, and support of intellectual property as it relates 379 to the advancement of cancer research; and aid in other 380 multidisciplinary research-support activities as they inure to 381 the advancement of cancer research. 382 2. Improve both research and treatment through greater 383 participation in clinical trial networks by: 384 a. Identifying ways to increase enrollment in cancer 385 clinical trials; 386 b. Supporting public and private professional education 387 programs designed to increase the awareness and knowledge about 388 cancer clinical trials; 389 c. Providing tools to cancer patients and community-based 390 oncologists to aid in the identification of cancer clinical 391 trials available in the state; and 392 d. Creating opportunities for the state’s academic cancer 393 centers to collaborate with community-based oncologists in 394 cancer clinical trials networks. 395 3. Reduce the impact of cancer on disparate groups by 396 identifying those cancers that disproportionately impact certain 397 demographic groups and building collaborations designed to 398 reduce health disparities as they relate to cancer. 399 (b) Preference may be given to grant proposals that foster 400 collaborations among institutions, researchers, and community 401 practitioners, as such proposals support the advancement of 402 cures through basic or applied research, including clinical 403 trials involving cancer patients and related networks and the 404 transfer of knowledge gained from research into the practice of 405 community practitioners. 406 (3)(a) Applications for funding for cancer research may be 407 submitted by any university or established research institute in 408 the state. All qualified investigators in the state, regardless 409 of institutional affiliation, shall have equal access and 410 opportunity to compete for the research funding. Collaborative 411 proposals, including those that advance the program’s goals 412 enumerated in subsection (2), may be given preference. Grants 413 shall be awarded by the State Surgeon General, after 414 consultation with the Biomedical Research Advisory Council 415 established in s. 215.5602, on the basis of scientific merit, as 416 determined by an open, competitive peer review process that 417 ensures objectivity, consistency, and high quality. The 418 following types of applications shall be considered for funding: 419 1. Investigator-initiated research grants. 420 2. Institutional research and training grants. 421 3. Predoctoral and postdoctoral research fellowships. 422 4.3.Collaborative research grants, including those that 423 advance the finding of cures through basic or applied research. 424 5. Clinical trial project grants, particularly those 425 projects such as matching services that identify prospective 426 clinical trials treatment options for cancer patients in this 427 state or those projects that otherwise foster greater rates of 428 participation in trials. At least one such grant shall be 429 awarded in any given year if a meritorious proposal or proposals 430 are received. Such project grant proposals are not required to 431 be posed as a research question in order to qualify for an 432 award. 433 (b) For any given year, the Biomedical Research Advisory 434 Council may recommend up to one-third of the allocation for the 435 William G. “Bill” Bankhead, Jr. and David Coley Cancer Research 436 Program for the recruitment of cancer researchers and research 437 teams to institutions in the state, for operational start-up 438 grants for newly recruited cancer researchers and research 439 teams, or for equipment expenditures related to the expansion of 440 cancer research and treatment capacity in the state. 441 (c)(b)In order to ensure that all proposals for research 442 funding are appropriate and are evaluated fairly on the basis of 443 scientific merit, the State Surgeon General, in consultation 444 with the council, shall appoint a peer review panel of 445 independent, scientifically qualified individuals to review the 446 scientific content of each proposal and establish its priority 447 score. The priority scores shall be forwarded to the council and 448 must be considered in determining which proposals shall be 449 recommended for funding. 450 (d)(c)The council and the peer review panel shall 451 establish and follow rigorous guidelines for ethical conduct and 452 adhere to a strict policy with regard to conflicts of interest. 453 A member of the council or panel may not participate in any 454 discussion or decision with respect to a research proposal by 455 any firm, entity, or agency with which the member is associated 456 as a member of the governing body or as an employee or with 457 which the member has entered into a contractual arrangement. 458 Meetings of the council and the peer review panels are subject 459 to chapter 119, s. 286.011, and s. 24, Art. I of the State 460 Constitution. 461 (4) By February 1December 15of each year, the Department 462 of Health shall submit to the Governor, the President of the 463 Senate, and the Speaker of the House of Representatives a report 464 indicating progress towards the program’s mission and making 465 recommendations that further its purpose. 466 (5) The William G. “Bill” Bankhead, Jr. and David Coley 467 Cancer Research Program is funded pursuant to s. 215.5602(12) 468 and this section, with an annual allocation of $25 million. 469 Funds appropriated for the William G. “Bill” Bankhead, Jr., and 470 David Coley Cancer Research Program shall be distributed 471 pursuant to this section to provide grants to researchers 472 seeking cures for cancer and cancer-related illnesses, with 473 emphasis given to the goals enumerated in paragraph (2)(a)s.474381.921. From the total funds appropriated, an amount of up to 475 7.510percent may be used for administrative expenses.In the4762009-2010 fiscal year, 2.5 percent, not to exceed $25 million,477of the revenue deposited into the Health Care Trust Fund478pursuant to s.215.5602(12)(a) shall be transferred to the479Biomedical Research Trust Fund within the Department of Health480for the William G. “Bill” Bankhead, Jr., and David Coley Cancer481Research Program.482 (6) The Department of Health may accept gifts made 483 unconditionally by will or otherwise, deposit them into the 484 Biomedical Research Trust Fund, and use them for grant or 485 fellowship awards in the William G. “Bill” Bankhead, Jr. and 486 David Coley Cancer Research Program. Any gift made under 487 conditions that, in the judgment of the department, upon 488 consultation with the council, are proper and consistent with 489 this section, the laws of the United States, and state law, may 490 be accepted and shall be held, invested, reinvested, and used in 491 accordance with the conditions of the gift.By June 1, 2009, the492Division of Statutory Revision of the Office of Legislative493Services shall certify to the President of the Senate and the494Speaker of the House of Representatives the language and495statutory citation of this section, which is scheduled to expire496January 1, 2011.497(7)The Legislature shall review the performance, the498outcomes, and the financial management of the William G. “Bill”499Bankhead, Jr., and David Coley Cancer Research Program during500the 2010 Regular Session of the Legislature and shall determine501the most appropriate funding source and means of funding the502program based on its review.503(8)This section expires January 1, 2011, unless reviewed504and reenacted by the Legislature before that date.505 Section 5. Section 381.923, Florida Statutes, is created to 506 read: 507 381.923 Comprehensive cancer control.— 508 (1) SHORT TITLE.—This section may be cited as the “Florida 509 Comprehensive Cancer Control Act.” 510 (2) LEGISLATIVE INTENT.—It is the finding of the 511 Legislature that: 512 (a) Advances in scientific knowledge have led to 513 prevention, early detection, and therapeutic capabilities in the 514 control of cancer. Such knowledge, screening technologies, and 515 therapies must be made available to all residents of this state. 516 (b) Research shows that certain lifestyles and exposures, 517 such as tobacco use, exposure to ultraviolet radiation from the 518 sun, and exposure to occupational and environmental carcinogens, 519 contribute to the risk for many types of cancer and that certain 520 screening tests are effective in finding cancer early when it is 521 more treatable. The role of diet, exercise, and other healthy 522 lifestyles are also important in cancer prevention and control. 523 Proven causes of cancer and methods for early detection should 524 be publicized and be the subject of linguistically and 525 culturally appropriate educational and awareness programs for 526 the prevention of cancer. 527 (c) An effective cancer control program would mobilize the 528 scientific, educational, and medical resources that presently 529 exist into an intense attack against this dreaded disease, with 530 the primary goal to reduce the cancer burden for the residents 531 of this state. 532 (3) DEFINITIONS.—As used in this section, the term: 533 (a) “Cancer” means all malignant neoplasms, regardless of 534 the tissue of origin, including lymphoma and leukemia. 535 (b) “Council” means the Florida Cancer Control and Resource 536 Advisory Council, which is an advisory body appointed to 537 function on a continuing basis to recommend solutions and policy 538 alternatives to the Governor, members of the Legislature, the 539 State Surgeon General, and other policymakers. 540 (c) “Department” means the Department of Health. 541 (d) “Plan” means the Florida Cancer Plan. 542 (e) “Program” means the Florida Cancer Control 543 Collaborative Program. 544 (f) “Qualified nonprofit association” means any 545 association, incorporated or unincorporated, which has received 546 tax-exempt status from the Internal Revenue Service. 547 (4) FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL; 548 CREATION; COMPOSITION.— 549 (a) There is created within the H. Lee Moffitt Cancer 550 Center and Research Institute, Inc., the Florida Cancer Control 551 and Resource Advisory Council. The council shall consist of 552 cancer organizational representation and cancer control 553 stakeholders, with an elected chairperson. Each member must be a 554 resident of this state. Three members representing the general 555 public shall be appointed by the Governor. The President of the 556 Senate and the Speaker of the House of Representatives shall 557 each appoint one member from his or her legislative body to the 558 council. Other members shall be selected to represent agencies 559 and organizations in this state which are involved with various 560 aspects of cancer control. These may include nonprofit 561 organizations, professional associations, governmental agencies, 562 medical schools, schools of public health, hospitals, cancer 563 centers, cancer survivor groups, and other relevant cancer 564 stakeholder organizations. Each of the following organizations 565 shall appoint a representative to serve on the council: 566 1. H. Lee Moffitt Cancer Center and Research Institute, 567 Inc. 568 2. University of Florida Shands Cancer Center. 569 3. University of Miami Sylvester Comprehensive Cancer 570 Center. 571 4. Mayo Clinic, Florida. 572 5. M.D. Anderson Cancer Center, Florida. 573 6. American Cancer Society, Florida Division. 574 7. American Association for Retired Persons. 575 8. Department of Health. 576 9. Department of Education. 577 10. Florida Tumor Registrars Association. 578 11. Florida Cancer Data System. 579 12. Florida Society of Oncology Social Workers. 580 13. Florida Oncology Nurses Society. 581 14. Florida Society of Clinical Oncology. 582 15. Florida Association of Pediatric Tumor Programs, Inc. 583 16. Cancer Information Service. 584 17. Florida Medical Association. 585 18. Florida Hospital Association. 586 19. Florida Nursing Association. 587 20. Florida Dental Association. 588 21. Florida Osteopathic Association. 589 22. University of Florida College of Medicine. 590 23. University of Miami College of Medicine. 591 24. University of South Florida College of Medicine. 592 25. Florida State University College of Medicine. 593 26. University of Central Florida College of Medicine. 594 27. Nova Southeastern College of Osteopathic Medicine. 595 28. University of Central Florida College of Medicine. 596 29. Florida International University College of Medicine. 597 30. Lake Erie School of Osteopathic Medicine. 598 31. Biomedical Research Advisory Council. 599 32. Center for Universal Research to Eradicate Disease. 600 33. A representative from each of the regional Cancer 601 Control Collaboratives. 602 (b) An executive committee shall be comprised of the 603 council’s elected chairman, one at-large member elected by the 604 full council, and the members representing the Department of 605 Health, the American Cancer Society, the H. Lee Moffitt Cancer 606 Center and Research Institute, Inc., the University of Florida 607 Shands Cancer Center, and the University of Miami Sylvester 608 Comprehensive Cancer Center, as well as the appointee of the 609 President of the Senate, the appointee of the Speaker of the 610 House of Representatives, and one of the gubernatorial 611 appointees, who shall be designated by the council’s chairman. 612 Should the council chairman be a designee from one of the named 613 entities in this paragraph, the full council shall elect a 614 second at-large position to serve on the executive committee. 615 The elected positions on the executive committee shall be for 616 terms of 2 years. 617 (c) The council shall meet at least semiannually. A 618 majority of members participating shall constitute a quorum for 619 the purpose of exercising all of the powers of the council. 620 (d) The council members shall serve without compensation, 621 but are entitled to reimbursement for per diem and travel 622 expenses as provided in s. 112.061. 623 (e) A member of the council may not participate in any 624 discussion or decision to recommend any type of award or 625 contract to any qualified nonprofit association or to any agency 626 of this state or its political subdivisions with which the 627 member is associated as a member of the governing body or as an 628 employee or with which the member has entered into a contractual 629 arrangement. 630 (f) The council may prescribe, amend, and repeal bylaws 631 governing the manner in which the business of the council is 632 conducted. 633 (g) The council shall advise the Governor, the Legislature, 634 the State Surgeon General, or other state policymakers with 635 respect to cancer control and resources in this state. 636 (h) The council shall approve a program for cancer control 637 to be known as the “Florida Cancer Plan,” which shall be 638 consistent to the extent possible with other cancer or health 639 related state plans and integrated and coordinated with existing 640 programs in this state. The council shall review and approve the 641 plan at least every 2 years. 642 (i) The council shall formulate and recommend to the 643 Governor, the Legislature, the State Surgeon General, and other 644 state policymakers a plan for the prevention and early detection 645 of cancer which is evidence-based and consistent with standards 646 of practice and supported by evidence-based medicine. The State 647 Surgeon General and other state policymakers shall consider the 648 plan in developing departmental priorities and funding 649 priorities and standards under chapter 395. 650 (j) The council shall provide expertise and input in the 651 content and development of the Florida Cancer Plan. 652 Recommendations shall include the coordination and integration 653 of other state plans concerned with cancer control. Committees 654 may be formed by the council so that the following areas will be 655 established as entities for actions: 656 1. Cancer plan evaluation, including tumor registry, data 657 retrieval systems, and epidemiology of cancer in the state and 658 its relation to other areas. 659 2. Cancer prevention. 660 3. Cancer detection. 661 4. Cancer treatments. 662 5. Support services for cancer patients and caregivers. 663 6. Cancer education for laypersons and professionals. 664 7. Other cancer-control-related topics. 665 (k) The council shall advise the State Surgeon General on 666 methods of enforcing and implementing laws already enacted and 667 concerned with cancer control. 668 (l) The council may recommend to the State Surgeon General 669 rules not inconsistent with law as it may deem necessary for the 670 performance of its duties and the proper administration of this 671 section. 672 (m) The council shall be physically located at the H. Lee 673 Moffitt Cancer Center and Research Institute, Inc. 674 (n) By December 1 of each year, the council shall report 675 any findings and recommendations to the Governor, the President 676 of the Senate, the Speaker of the House of Representatives, and 677 the State Surgeon General. 678 (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER 679 AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.— 680 (a) The H. Lee Moffitt Cancer Center and Research 681 Institute, Inc., shall provide a full-time executive director to 682 coordinate, facilitate, and communicate the mission and 683 responsibilities of the council. Additional administrative 684 support, information, and other assistance shall also be 685 provided as reasonably necessary for the completion of the 686 responsibilities of the council. 687 (b) From the funds appropriated annually for the William G. 688 “Bill” Bankhead, Jr. and David Coley Cancer Research Program, 689 the sum of $150,000 shall be allocated to the H. Lee Moffitt 690 Cancer Center and Research Institute, Inc., for the 691 administrative costs and staff support to convene and facilitate 692 the responsibilities of the council. 693 (c) The Department of Health, after consultation with the 694 council, may adopt rules necessary to administer this section. 695 (d) The Florida Cancer Plan is established within the 696 Department of Health. The Department of Health shall consult 697 with the council in developing the plan, prioritizing goals, and 698 allocating resources. The plan shall be approved by the council. 699 The Cancer Control Collaborative Program shall prioritize 700 programs and resources to reduce the burden of cancer in this 701 state, consistent with the plan. 702 (6) FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM; CREATION; 703 COMPOSITION.— 704 (a) The Cancer Control Collaborative Program is established 705 within the Department of Health and resides within the cancer 706 program. The program is responsible for overseeing and providing 707 infrastructure for the state cancer collaborative network. The 708 primary mission of the program is to implement the plan’s 709 initiatives and identify and facilitate the local development of 710 solutions to cancer control needs of the populations served by 711 the regional cancer control collaboratives. 712 (b) The Department of Health shall appoint a cancer program 713 director, who is responsible for supervising the collaborative 714 program. At a minimum, centralized organization, communications, 715 information technology, shared resources, and cancer control 716 expertise shall be provided to the regional cancer control 717 collaboratives by the Department of Health. 718 (c) Each regional cancer control collaborative shall bring 719 together local cancer stakeholders, develop bylaws, identify 720 priority cancer control needs of its region, and develop 721 solutions to solve problems, consistent with the plan and the 722 goal of reducing the burden of cancer in this state. Each 723 collaborative shall meet at least semiannually and send 724 representation to the council meetings. 725 (d) By October 15 of each year, the collaborative program 726 shall submit an annual report to the council. The council shall 727 have input into the prioritization of programs and proposed 728 allocation of resources in the program consistent with the plan. 729 (e) The Cancer Control Collaborative Program shall serve as 730 the infrastructure for expansion or adaptation as federal 731 programs or other opportunities arise for future cancer control 732 initiatives. The development of the infrastructure for local 733 cancer control collaboratives, to the extent possible, shall be 734 designed to leverage opportunities for funding from the United 735 States Centers for Disease Control or other federal sources. 736 Section 6. Subsection (1) and paragraph (a) of subsection 737 (2) of section 458.324, Florida Statutes, are amended to read: 738 458.324 Breast cancer; information on treatment 739 alternatives.— 740 (1) DEFINITION.—As used in this section, the term 741 “medically viable,” as applied to treatment alternatives, means 742 modes of treatment generally considered by the medical 743 profession to be within the scope of current, acceptable 744 standards, including treatment alternatives described in the 745 written summary prepared by the Florida Cancer Control and 746 ResourceResearchAdvisory Councilin accordance with s.7471004.435(4)(m). 748 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—Each physician 749 treating a patient who is, or in the judgment of the physician 750 is at high risk of being, diagnosed as having breast cancer 751 shall inform such patient of the medically viable treatment 752 alternatives available to such patient; shall describe such 753 treatment alternatives; and shall explain the relative 754 advantages, disadvantages, and risks associated with the 755 treatment alternatives to the extent deemed necessary to allow 756 the patient to make a prudent decision regarding such treatment 757 options. In compliance with this subsection: 758 (a) The physician may, in his or her discretion: 759 1. Orally communicate such information directly to the 760 patient or the patient’s legal representative; 761 2. Provide the patient or the patient’s legal 762 representative with a copy of the written summaryprepared in763accordance with s.1004.435(4)(m)and express a willingness to 764 discuss the summary with the patient or the patient’s legal 765 representative; or 766 3. Both communicate such information directly and provide a 767 copy of the written summary to the patient or the patient’s 768 legal representative for further consideration and possible 769 later discussion. 770 771 Nothing in this subsection shall reduce other provisions of law 772 regarding informed consent. 773 Section 7. Subsection (1) and paragraph (a) of subsection 774 (2) of section 459.0125, Florida Statutes, are amended to read: 775 459.0125 Breast cancer; information on treatment 776 alternatives.— 777 (1) DEFINITION.—As used in this section, the term 778 “medically viable,” as applied to treatment alternatives, means 779 modes of treatment generally considered by the medical 780 profession to be within the scope of current, acceptable 781 standards, including treatment alternatives described in the 782 written summary prepared by the Florida Cancer Control and 783 ResourceResearchAdvisory Councilin accordance with s.7841004.435(4)(m). 785 (2) COMMUNICATION OF TREATMENT ALTERNATIVES.—It is the 786 obligation of every physician treating a patient who is, or in 787 the judgment of the physician is at high risk of being, 788 diagnosed as having breast cancer to inform such patient of the 789 medically viable treatment alternatives available to such 790 patient; to describe such treatment alternatives; and to explain 791 the relative advantages, disadvantages, and risks associated 792 with the treatment alternatives to the extent deemed necessary 793 to allow the patient to make a prudent decision regarding such 794 treatment options. In compliance with this subsection: 795 (a) The physician may, in her or his discretion: 796 1. Orally communicate such information directly to the 797 patient or the patient’s legal representative; 798 2. Provide the patient or the patient’s legal 799 representative with a copy of the written summaryprepared in800accordance with s.1004.435(4)(m)and express her or his 801 willingness to discuss the summary with the patient or the 802 patient’s legal representative; or 803 3. Both communicate such information directly and provide a 804 copy of the written summary to the patient or the patient’s 805 legal representative for further consideration and possible 806 later discussion. 807 808Nothing inThis subsection does notshallreduce other 809 provisions of law regarding informed consent. 810 Section 8. Section 1004.435, Florida Statutes, is repealed. 811 Section 9. This act shall take effect July 1, 2010.
