Bill Text: FL H0861 | 2010 | Regular Session | Introduced

---

Bill Title: Biomedical Research Programs

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - Died in Committee on Health Care Regulation Policy (HFPC), companion bill(s) passed, see CS/HB 889 (Ch. 2010-34), HB 5311 (Ch. 2010-161) [H0861 Detail]

Download: Florida-2010-H0861-Introduced.html

---

HB 861

1	A bill to be entitled
2	An act relating to biomedical research programs; amending
3	s. 215.5602, F.S.; deleting provisions requiring that the
4	James and Esther King Biomedical Research Program be
5	funded by proceeds from the Lawton Chiles Endowment Fund;
6	modifying the terms and membership and establishing a
7	staggered membership for appointed members of the
8	Biomedical Research Advisory Council; authorizing the
9	Biomedical Research Advisory Council to recommend a
10	portion of the allocation for the James and Esther King
11	Biomedical Research Program for specified purposes;
12	reducing the percentage of funds available for
13	administrative expenses of the James and Esther King
14	Biomedical Research Program; requiring the Department of
15	Health to adopt rules to administer the James and Esther
16	King Biomedical Research Program and the William G. "Bill"
17	Bankhead, Jr., and David Coley Cancer Research Program;
18	increasing the funding available to the Florida Center for
19	Universal Research to Eradicate Disease; allocating a
20	certain amount of money to the James and Esther King
21	Biomedical Research Program and the William G. "Bill"
22	Bankhead, Jr., and David Coley Cancer Research Program;
23	authorizing the Department of Health to accept and use
24	gifts for awards under the James and Esther King
25	Biomedical Research Program; deleting obsolete provisions;
26	deleting a provision providing for the future expiration
27	of the James and Esther King Biomedical Research Program;
28	repealing s. 381.912, F.S., relating to the Cervical
29	Cancer Elimination Task Force; repealing s. 381.92, F.S.,
30	relating to the Florida Cancer Council; repealing s.
31	381.921, F.S., relating to the mission and duties of the
32	Florida Cancer Council; amending s. 381.922, F.S.;
33	revising the purpose of the William G. "Bill" Bankhead,
34	Jr., and David Coley Cancer Research Program; revising the
35	duties and goals of the William G. "Bill" Bankhead, Jr.,
36	and David Coley Cancer Research Program; revising the
37	types of applications considered for funding; authorizing
38	the Biomedical Research Advisory Council to recommend a
39	portion of the allocation for the William G. "Bill"
40	Bankhead, Jr., and David Coley Cancer Research Program for
41	specified purposes; requiring the department to submit to
42	the Governor and Legislature a report by a specified date;
43	providing a funding source for the William G. "Bill"
44	Bankhead, Jr., and David Coley Cancer Research Program;
45	reducing the percentage of funds available for
46	administrative expenses of the William G. "Bill" Bankhead,
47	Jr., and David Coley Cancer Research Program; authorizing
48	the Department of Health to accept and use gifts for
49	awards under the William G. "Bill" Bankhead, Jr., and
50	David Coley Cancer Research Program; deleting obsolete
51	provisions; deleting provisions providing for the future
52	expiration of the William G. "Bill" Bankhead, Jr., and
53	David Coley Cancer Research Program; creating s. 381.923,
54	F.S., relating to the Florida Comprehensive Cancer Control
55	Act; providing a short title; providing legislative
56	intent; providing definitions; creating the Florida Cancer
57	Control and Resource Advisory Council; providing
58	membership of the council; providing the composition of
59	the executive committee of the council; providing for
60	terms of the council and meetings; providing for
61	reimbursement for per diem and travel expenses;
62	prohibiting a member of the council from participating in
63	any discussion or decision to recommend any type of award
64	or contract to any qualified nonprofit association or to
65	any agency of this state or its political subdivisions
66	with which the member is associated as a member of the
67	governing body or as an employee or with which the member
68	has entered into a contractual arrangement; providing the
69	duties and responsibilities of the council; requiring the
70	council to report findings and recommendations to the
71	Governor, the Legislature, and the State Surgeon General;
72	requiring that the H. Lee Moffitt Cancer Center and
73	Research Institute, Inc., have a executive director;
74	allocating a specified amount of money from the William G.
75	"Bill" Bankhead, Jr., and David Coley Cancer Research
76	Program to the H. Lee Moffitt Cancer Center and Research
77	Institute, Inc., for administrative costs and staff
78	support; authorizing the Department of Health to
79	administer the act; requiring the department to produce
80	the Florida Cancer Plan in consultation with the Florida
81	Cancer Control and Resource Advisory Council; creating the
82	Cancer Control Collaborative Program within the Department
83	of Health; providing the responsibility and mission of the
84	program; requiring the department to appoint a director;
85	providing duties for each collaborative; requiring the
86	collaborative program to submit to the Florida Cancer
87	Control and Resource Advisory Council an annual report by
88	a specified date; requiring the Cancer Control
89	Collaborative Program to serve as the infrastructure for
90	expansion or adaption as federal programs or other
91	opportunities arise for future cancer control initiatives;
92	amending ss. 381.855, 458.324, and 459.0125, F.S.;
93	deleting obsolete provisions; repealing s. 1004.435, F.S.,
94	relating to cancer control and research; providing an
95	effective date.
96
97	Be It Enacted by the Legislature of the State of Florida:
98
99	Section 1. Section 215.5602, Florida Statutes, is amended
100	to read:
101	215.5602 James and Esther King Biomedical Research
102	Program.-
103	(1) There is established within the Department of Health
104	the James and Esther King Biomedical Research Program funded by
105	the proceeds of the Lawton Chiles Endowment Fund pursuant to s.
106	215.5601. The purpose of the James and Esther King Biomedical
107	Research Program is to provide an annual and perpetual source of
108	funding in order to support research initiatives that address
109	the health care problems of Floridians in the areas of tobacco-
110	related cancer, cardiovascular disease, stroke, and pulmonary
111	disease. The long-term goals of the program are to:
112	(a) Improve the health of Floridians by researching better
113	prevention, diagnoses, treatments, and cures for cancer,
114	cardiovascular disease, stroke, and pulmonary disease.
115	(b) Expand the foundation of biomedical knowledge relating
116	to the prevention, diagnosis, treatment, and cure of diseases
117	related to tobacco use, including cancer, cardiovascular
118	disease, stroke, and pulmonary disease.
119	(c) Improve the quality of the state's academic health
120	centers by bringing the advances of biomedical research into the
121	training of physicians and other health care providers.
122	(d) Increase the state's per capita funding for research
123	by undertaking new initiatives in public health and biomedical
124	research that will attract additional funding from outside the
125	state.
126	(e) Stimulate economic activity in the state in areas
127	related to biomedical research, such as the research and
128	production of pharmaceuticals, biotechnology, and medical
129	devices.
130	(2) Funds appropriated for the James and Esther King
131	Biomedical Research Program shall be used exclusively for the
132	award of grants and fellowships as established in this section;
133	for research relating to the prevention, diagnosis, treatment,
134	and cure of diseases related to tobacco use, including cancer,
135	cardiovascular disease, stroke, and pulmonary disease; and for
136	expenses incurred in the administration of this section; and as
137	provided in subsections (5) and (12). Priority shall be granted
138	to research designed to prevent or cure disease.
139	(3) There is created within the Department of Health the
140	Biomedical Research Advisory Council.
141	(a) The council shall consist of 13 11 members, including:
142	the chief executive officer of the Florida Division of the
143	American Cancer Society, or a designee; the chief executive
144	officer of the Greater Southeast Florida/Puerto Rico Affiliate
145	of the American Heart Association, or a designee; and the chief
146	executive officer of the American Lung Association of Florida,
147	or a designee; the chief executive officer of Enterprise
148	Florida, or a designee; and the chief executive officer of
149	BioFlorida, or a designee. The remaining 8 members of the
150	council shall be appointed as follows:
151	1. The Governor shall appoint four members, two members
152	with expertise in the field of biomedical research, one member
153	from a research university in the state, and one member
154	representing the general population of the state.
155	2. The President of the Senate shall appoint two members,
156	one member with expertise in the field of behavioral or social
157	research and one representative from a cancer program approved
158	by the American College of Surgeons.
159	3. The Speaker of the House of Representatives shall
160	appoint two members, one member from a professional medical
161	organization and one representative from a cancer program
162	approved by the American College of Surgeons.
163
164	In making these appointments, the Governor, the President of the
165	Senate, and the Speaker of the House of Representatives shall
166	select primarily, but not exclusively, Floridians with
167	biomedical and lay expertise in the general areas of cancer,
168	cardiovascular disease, stroke, and pulmonary disease. The
169	appointments shall be for 4-year staggered terms a 3-year term
170	and shall reflect the diversity of the state's population. An
171	appointed member may not serve more than two consecutive terms.
172	The first two appointments by the Governor and the first
173	appointment by the President of the Senate and the Speaker of
174	the House of Representatives on or after July 1, 2010, shall be
175	for a term of 2 years.
176	(b) The council shall adopt internal organizational
177	procedures as necessary for its efficient organization.
178	(c) The department shall provide such staff, information,
179	and other assistance as is reasonably necessary to assist the
180	council in carrying out its responsibilities.
181	(d) Members of the council shall serve without
182	compensation, but may receive reimbursement as provided in s.
183	112.061 for travel and other necessary expenses incurred in the
184	performance of their official duties.
185	(4) The council shall advise the State Surgeon General as
186	to the direction and scope of the biomedical research program.
187	The responsibilities of the council may include, but are not
188	limited to:
189	(a) Providing advice on program priorities and emphases.
190	(b) Providing advice on the overall program budget.
191	(c) Participating in periodic program evaluation.
192	(d) Assisting in the development of guidelines to ensure
193	fairness, neutrality, and adherence to the principles of merit
194	and quality in the conduct of the program.
195	(e) Assisting in the development of appropriate linkages
196	to nonacademic entities, such as voluntary organizations, health
197	care delivery institutions, industry, government agencies, and
198	public officials.
199	(f) Developing criteria and standards for the award of
200	research grants.
201	(g) Developing administrative procedures relating to
202	solicitation, review, and award of research grants and
203	fellowships, to ensure an impartial, high-quality peer review
204	system.
205	(h) Developing and supervising research peer review
206	panels.
207	(i) Reviewing reports of peer review panels and making
208	recommendations for research grants and fellowships.
209	(j) Developing and providing oversight regarding
210	mechanisms for the dissemination of research results.
211	(5)(a) Applications for biomedical research funding under
212	the program may be submitted from any university or established
213	research institute in the state. All qualified investigators in
214	the state, regardless of institution affiliation, shall have
215	equal access and opportunity to compete for the research
216	funding.
217	(b) Grants and fellowships shall be awarded by the State
218	Surgeon General, after consultation with the council, on the
219	basis of scientific merit, as determined by an open competitive
220	peer review process that ensures objectivity, consistency, and
221	high quality. The following types of applications shall be
222	considered for funding:
223	1. Investigator-initiated research grants.
224	2. Institutional research and training grants.
225	3. Predoctoral and postdoctoral research fellowships.
226	(c) For any given year, the Biomedical Research Advisory
227	Council may also recommend up to one-third of the allocation for
228	the James and Esther King Biomedical Research Program for the
229	recruitment of cancer, heart, or lung researchers and research
230	teams to institutions in the state; for operational start-up
231	grants for newly recruited cancer, heart, or lung researchers
232	and research teams; and for equipment expenditures related to
233	the expansion of cancer, heart, or lung research and treatment
234	capacity in this state.
235	(6) To ensure that all proposals for research funding are
236	appropriate and are evaluated fairly on the basis of scientific
237	merit, the State Surgeon General, in consultation with the
238	council, shall appoint a peer review panel of independent,
239	scientifically qualified individuals to review the scientific
240	content of each proposal and establish its scientific priority
241	score. The priority scores shall be forwarded to the council and
242	must be considered in determining which proposals shall be
243	recommended for funding.
244	(7) The council and the peer review panel shall establish
245	and follow rigorous guidelines for ethical conduct and adhere to
246	a strict policy with regard to conflict of interest. A member of
247	the council or panel may not participate in any discussion or
248	decision with respect to a research proposal by any firm,
249	entity, or agency with which the member is associated as a
250	member of the governing body or as an employee, or with which
251	the member has entered into a contractual arrangement. Meetings
252	of the council and the peer review panels shall be subject to
253	the provisions of chapter 119, s. 286.011, and s. 24, Art. I of
254	the State Constitution.
255	(8) The Department of Health may contract on a
256	competitive-bid basis with an appropriate entity to administer
257	the program. Administrative expenses may not exceed 7.5 15
258	percent of the total funds available to the program in any given
259	year.
260	(9) The Department of Health, after consultation with the
261	council, shall may adopt rules as necessary to administer
262	implement this section, taking into consideration the nature of
263	the program and making allowances in any adopted rules which
264	enable timely implementation of calls for proposals, proposal
265	reviews, proposal considerations, and any other program
266	activities, and which prevent delays in making annual program
267	awards to grant recipients.
268	(10) The council shall submit an annual progress report on
269	the state of biomedical research in this state to the Florida
270	Center for Universal Research to Eradicate Disease and to the
271	Governor, the State Surgeon General, the President of the
272	Senate, and the Speaker of the House of Representatives by
273	February 1. The report must include:
274	(a) A list of research projects supported by grants or
275	fellowships awarded under the program.
276	(b) A list of recipients of program grants or fellowships.
277	(c) A list of publications in peer reviewed journals
278	involving research supported by grants or fellowships awarded
279	under the program.
280	(d) The total amount of biomedical research funding
281	currently flowing into the state.
282	(e) New grants for biomedical research which were funded
283	based on research supported by grants or fellowships awarded
284	under the program.
285	(f) Progress in the prevention, diagnosis, treatment, and
286	cure of diseases related to tobacco use, including cancer,
287	cardiovascular disease, stroke, and pulmonary disease.
288	(11) The council shall award grants for cancer research
289	through the William G. "Bill" Bankhead, Jr., and David Coley
290	Cancer Research Program created in s. 381.922.
291	(12)(a) From funds appropriated to accomplish the goals of
292	this section, up to $500,000 $250,000 shall be available for the
293	operating costs of the Florida Center for Universal Research to
294	Eradicate Disease.
295	(b)(a) Beginning in the 2010-2011 2009-2010 fiscal year
296	and thereafter, 5 percent of the revenue deposited into the
297	Health Care Trust Fund pursuant to ss. 210.011(9) and 210.276(7)
298	shall be reserved for research of tobacco-related or cancer-
299	related illnesses through the James and Esther King Biomedical
300	Research Program and the William G. "Bill" Bankhead, Jr., and
301	David Coley Cancer Research Program. The sum of $25 million
302	shall be allocated annually to each of these programs; however,
303	the sum of the revenue reserved pursuant to ss. 210.011(9) and
304	210.276(7) may not exceed $50 million in any fiscal year.
305	(b) In the 2009-2010 fiscal year, 2.5 percent, not to
306	exceed $25 million, of the revenue deposited into the Health
307	Care Trust Fund pursuant to this subsection shall be transferred
308	to the Biomedical Research Trust Fund within the Department of
309	Health for the James and Esther King Biomedical Research
310	Program.
311	(13) The Department of Health may accept gifts made
312	unconditionally by will or otherwise, deposit them into the
313	Biomedical Research Trust Fund, and use them for grant or
314	fellowship awards in the James and Esther King Biomedical
315	Research Program. Any gift made under conditions that, in the
316	judgment of the department, upon consultation with the council,
317	are proper and consistent with this section, the laws of the
318	United States, and state law, may be accepted and shall be held,
319	invested, reinvested, and used in accordance with the conditions
320	of the gift. By June 1, 2009, the Division of Statutory Revision
321	of the Office of Legislative Services shall certify to the
322	President of the Senate and the Speaker of the House of
323	Representatives the language and statutory citation of this
324	section, which is scheduled to expire January 1, 2011.
325	(14) The Legislature shall review the performance, the
326	outcomes, and the financial management of the James and Esther
327	King Biomedical Research Program during the 2010 Regular Session
328	of the Legislature and shall determine the most appropriate
329	funding source and means of funding the program based on its
330	review.
331	(15) This section expires January 1, 2011, unless reviewed
332	and reenacted by the Legislature before that date.
333	Section 2. Section 381.912, Florida Statutes, is repealed.
334	Section 3. Section 381.92, Florida Statutes, is repealed.
335	Section 4. Section 381.921, Florida Statutes, is repealed.
336	Section 5. Section 381.922, Florida Statutes, is amended
337	to read:
338	381.922 William G. "Bill" Bankhead, Jr., and David Coley
339	Cancer Research Program.-
340	(1) The William G. "Bill" Bankhead, Jr., and David Coley
341	Cancer Research Program, which may be otherwise cited as the
342	"Bankhead-Coley Program," is created within the Department of
343	Health. The purpose of the program shall be to advance progress
344	towards cures for cancer using through grants awarded through a
345	peer-reviewed, competitive process and to expand cancer research
346	and treatment capacity in this state.
347	(2) The program shall provide grants for cancer research,
348	including cancer clinical trials projects as provided in this
349	section, to further the search for cures for cancer; for
350	recruiting cancer researchers and research teams to institutions
351	in the state; for operational start-up grants for newly
352	recruited cancer researchers and research teams; or for
353	equipment expenditures related to the expansion of cancer
354	research and treatment capacity in the state.
355	(a) Emphasis shall be given to the following goals that
356	are designed to foster dramatic improvement in cancer research
357	capacity in the state enumerated in s. 381.921, as they those
358	goals support the advancement of such cures:.
359	1. Significantly expand cancer research capacity in the
360	state by identifying ways to attract new research talent and
361	attendant national grant-producing researchers to cancer
362	research facilities in this state; implement a peer-reviewed,
363	competitive process to identify and fund the best proposals to
364	expand cancer research institutes in this state; fund through
365	available resources those proposals that demonstrate the
366	greatest opportunity to attract federal research grants and
367	private financial support; encourage the employment of
368	bioinformatics in order to create a cancer informatics
369	infrastructure that enhances information and resource exchange
370	and integration through researchers working in diverse
371	disciplines; facilitate the full spectrum of cancer
372	investigations; facilitate the technical coordination, business
373	development, and support of intellectual property as it relates
374	to the advancement of cancer research; and aid in other
375	multidisciplinary research-support activities as they inure to
376	the advancement of cancer research.
377	2. Improve both research and treatment through greater
378	participation in clinical trial networks by:
379	a. Identifying ways to increase enrollment in cancer
380	clinical trials;
381	b. Supporting public and private professional education
382	programs designed to increase the awareness and knowledge about
383	cancer clinical trials;
384	c. Providing tools to cancer patients and community-based
385	oncologists to aid in the identification of cancer clinical
386	trials available in the state; and
387	d. Creating opportunities for the state's academic cancer
388	centers to collaborate with community-based oncologists in
389	cancer clinical trials networks.
390	3. Reduce the impact of cancer on disparate groups by
391	identifying those cancers that disproportionately impact certain
392	demographic groups and building collaborations designed to
393	reduce health disparities as they relate to cancer.
394	(b) Preference may be given to grant proposals that foster
395	collaborations among institutions, researchers, and community
396	practitioners, as such proposals support the advancement of
397	cures through basic or applied research, including clinical
398	trials involving cancer patients and related networks and the
399	transfer of knowledge gained from research into the practice of
400	community practitioners.
401	(3)(a) Applications for funding for cancer research may be
402	submitted by any university or established research institute in
403	the state. All qualified investigators in the state, regardless
404	of institutional affiliation, shall have equal access and
405	opportunity to compete for the research funding. Collaborative
406	proposals, including those that advance the program's goals
407	enumerated in subsection (2), may be given preference. Grants
408	shall be awarded by the State Surgeon General, after
409	consultation with the Biomedical Research Advisory Council
410	established in s. 215.5602, on the basis of scientific merit, as
411	determined by an open, competitive peer review process that
412	ensures objectivity, consistency, and high quality. The
413	following types of applications shall be considered for funding:
414	1. Investigator-initiated research grants.
415	2. Institutional research and training grants.
416	3. Predoctoral and postdoctoral research fellowships.
417	4.3. Collaborative research grants, including those that
418	advance the finding of cures through basic or applied research.
419	5. Clinical trial project grants, particularly those
420	projects such as matching services that identify prospective
421	clinical trials treatment options for cancer patients in this
422	state or those projects that otherwise foster greater rates of
423	participation in trials. At least one such grant shall be
424	awarded in any given year if a meritorious proposal or proposals
425	are received. Such project grant proposals are not required to
426	be posed as a research question in order to qualify for an
427	award.
428	(b) For any given year, the Biomedical Research Advisory
429	Council may recommend up to one-third of the allocation for the
430	William G. "Bill" Bankhead, Jr. and David Coley Cancer Research
431	Program for the recruitment of cancer researchers and research
432	teams to institutions in the state, for operational start-up
433	grants for newly recruited cancer researchers and research
434	teams, or for equipment expenditures related to the expansion of
435	cancer research and treatment capacity in the state.
436	(c)(b) In order to ensure that all proposals for research
437	funding are appropriate and are evaluated fairly on the basis of
438	scientific merit, the State Surgeon General, in consultation
439	with the council, shall appoint a peer review panel of
440	independent, scientifically qualified individuals to review the
441	scientific content of each proposal and establish its priority
442	score. The priority scores shall be forwarded to the council and
443	must be considered in determining which proposals shall be
444	recommended for funding.
445	(d)(c) The council and the peer review panel shall
446	establish and follow rigorous guidelines for ethical conduct and
447	adhere to a strict policy with regard to conflicts of interest.
448	A member of the council or panel may not participate in any
449	discussion or decision with respect to a research proposal by
450	any firm, entity, or agency with which the member is associated
451	as a member of the governing body or as an employee or with
452	which the member has entered into a contractual arrangement.
453	Meetings of the council and the peer review panels are subject
454	to chapter 119, s. 286.011, and s. 24, Art. I of the State
455	Constitution.
456	(4) By February 1 December 15 of each year, the Department
457	of Health shall submit to the Governor, the President of the
458	Senate, and the Speaker of the House of Representatives a report
459	indicating progress towards the program's mission and making
460	recommendations that further its purpose.
461	(5) The William G. "Bill" Bankhead, Jr. and David Coley
462	Cancer Research Program is funded pursuant to s. 215.5602(12)
463	and this section, with an annual allocation of $25 million.
464	Funds appropriated for the William G. "Bill" Bankhead, Jr., and
465	David Coley Cancer Research Program shall be distributed
466	pursuant to this section to provide grants to researchers
467	seeking cures for cancer and cancer-related illnesses, with
468	emphasis given to the goals enumerated in paragraph (2)(a) s.
469	381.921. From the total funds appropriated, an amount of up to
470	7.5 10 percent may be used for administrative expenses. In the
471	2009-2010 fiscal year, 2.5 percent, not to exceed $25 million,
472	of the revenue deposited into the Health Care Trust Fund
473	pursuant to s. 215.5602(12)(a) shall be transferred to the
474	Biomedical Research Trust Fund within the Department of Health
475	for the William G. "Bill" Bankhead, Jr., and David Coley Cancer
476	Research Program.
477	(6) The Department of Health may accept gifts made
478	unconditionally by will or otherwise, deposit them into the
479	Biomedical Research Trust Fund, and use them for grant or
480	fellowship awards in the William G. "Bill" Bankhead, Jr. and
481	David Coley Cancer Research Program. Any gift made under
482	conditions that, in the judgment of the department, upon
483	consultation with the council, are proper and consistent with
484	this section, the laws of the United States, and state law, may
485	be accepted and shall be held, invested, reinvested, and used in
486	accordance with the conditions of the gift. By June 1, 2009, the
487	Division of Statutory Revision of the Office of Legislative
488	Services shall certify to the President of the Senate and the
489	Speaker of the House of Representatives the language and
490	statutory citation of this section, which is scheduled to expire
491	January 1, 2011.
492	(7) The Legislature shall review the performance, the
493	outcomes, and the financial management of the William G. "Bill"
494	Bankhead, Jr., and David Coley Cancer Research Program during
495	the 2010 Regular Session of the Legislature and shall determine
496	the most appropriate funding source and means of funding the
497	program based on its review.
498	(8) This section expires January 1, 2011, unless reviewed
499	and reenacted by the Legislature before that date.
500	Section 6. Section 381.923, Florida Statutes, is created
501	to read:
502	381.923 Comprehensive cancer control.-
503	(1) SHORT TITLE.-This section may be cited as the "Florida
504	Comprehensive Cancer Control Act."
505	(2) LEGISLATIVE INTENT.-It is the finding of the
506	Legislature that:
507	(a) Advances in scientific knowledge have led to
508	prevention, early detection, and therapeutic capabilities in the
509	control of cancer. Such knowledge, screening technologies, and
510	therapies must be made available to all residents of this state.
511	(b) Research shows that certain lifestyles and exposures,
512	such as tobacco use, exposure to ultraviolet radiation from the
513	sun, and exposure to occupational and environmental carcinogens,
514	contribute to the risk for many types of cancer and that certain
515	screening tests are effective in finding cancer early when it is
516	more treatable. The role of diet, exercise, and other healthy
517	lifestyles are also important in cancer prevention and control.
518	Proven causes of cancer and methods for early detection should
519	be publicized and be the subject of linguistically and
520	culturally appropriate educational and awareness programs for
521	the prevention of cancer.
522	(c) An effective cancer control program would mobilize the
523	scientific, educational, and medical resources that presently
524	exist into an intense attack against this dreaded disease, with
525	the primary goal to reduce the cancer burden for the residents
526	of this state.
527	(3) DEFINITIONS.-As used in this section, the term:
528	(a) "Cancer" means all malignant neoplasms, regardless of
529	the tissue of origin, including lymphoma and leukemia.
530	(b) "Council" means the Florida Cancer Control and
531	Resource Advisory Council, which is an advisory body appointed
532	to function on a continuing basis to recommend solutions and
533	policy alternatives to the Governor, members of the Legislature,
534	the State Surgeon General, and other policymakers.
535	(c) "Department" means the Department of Health.
536	(d) "Plan" means the Florida Cancer Plan.
537	(e) "Program" means the Florida Cancer Control
538	Collaborative Program.
539	(f) "Qualified nonprofit association" means any
540	association, incorporated or unincorporated, which has received
541	tax-exempt status from the Internal Revenue Service.
542	(4) FLORIDA CANCER CONTROL AND RESOURCE ADVISORY COUNCIL;
543	CREATION; COMPOSITION.-
544	(a) There is created within the H. Lee Moffitt Cancer
545	Center and Research Institute, Inc., the Florida Cancer Control
546	and Resource Advisory Council. The council shall consist of
547	cancer organizational representation and cancer control
548	stakeholders, with an elected chairperson. Each member must be a
549	resident of this state. Three members representing the general
550	public shall be appointed by the Governor. The President of the
551	Senate and the Speaker of the House of Representatives shall
552	each appoint one member from his or her legislative body to the
553	council. Other members shall be selected to represent agencies
554	and organizations in this state which are involved with various
555	aspects of cancer control. These may include nonprofit
556	organizations, professional associations, governmental agencies,
557	medical schools, schools of public health, hospitals, cancer
558	centers, cancer survivor groups, and other relevant cancer
559	stakeholder organizations. Each of the following organizations
560	shall appoint a representative to serve on the council:
561	1. H. Lee Moffitt Cancer Center and Research Institute,
562	Inc.
563	2. University of Florida Shands Cancer Center.
564	3. University of Miami Sylvester Comprehensive Cancer
565	Center.
566	4. Mayo Clinic, Florida.
567	5. M.D. Anderson Cancer Center, Florida.
568	6. American Cancer Society, Florida Division.
569	7. American Association for Retired Persons.
570	8. Department of Health.
571	9. Department of Education.
572	10. Florida Tumor Registrars Association.
573	11. Florida Cancer Data System.
574	12. Florida Society of Oncology Social Workers.
575	13. Florida Oncology Nurses Society.
576	14. Florida Society of Clinical Oncology.
577	15. Florida Association of Pediatric Tumor Programs, Inc.
578	16. Cancer Information Service.
579	17. Florida Medical Association.
580	18. Florida Hospital Association.
581	19. Florida Nursing Association.
582	20. Florida Dental Association.
583	21. Florida Osteopathic Association.
584	22. University of Florida College of Medicine.
585	23. University of Miami College of Medicine.
586	24. University of South Florida College of Medicine.
587	25. Florida State University College of Medicine.
588	26. University of Central Florida College of Medicine.
589	27. Nova Southeastern College of Osteopathic Medicine.
590	28. University of Central Florida College of Medicine.
591	29. Florida International University College of Medicine.
592	30. Lake Erie School of Osteopathic Medicine.
593	31. Biomedical Research Advisory Council.
594	32. Center for Universal Research to Eradicate Disease.
595	33. A representative from each of the regional Cancer
596	Control Collaboratives.
597	(b) An executive committee shall be comprised of the
598	council's elected chairman, one at-large member elected by the
599	full council, and the members representing the Department of
600	Health, the American Cancer Society, the H. Lee Moffitt Cancer
601	Center and Research Institute, Inc., the University of Florida
602	Shands Cancer Center, and the University of Miami Sylvester
603	Comprehensive Cancer Center, as well as the appointee of the
604	President of the Senate, the appointee of the Speaker of the
605	House of Representatives, and one of the gubernatorial
606	appointees, who shall be designated by the council's chairman.
607	Should the council chairman be a designee from one of the named
608	entities in this paragraph, the full council shall elect a
609	second at-large position to serve on the executive committee.
610	The elected positions on the executive committee shall be for
611	terms of 2 years.
612	(c) The council shall meet at least semiannually. A
613	majority of members participating shall constitute a quorum for
614	the purpose of exercising all of the powers of the council.
615	(d) The council members shall serve without compensation,
616	but are entitled to reimbursement for per diem and travel
617	expenses as provided in s. 112.061.
618	(e) A member of the council may not participate in any
619	discussion or decision to recommend any type of award or
620	contract to any qualified nonprofit association or to any agency
621	of this state or its political subdivisions with which the
622	member is associated as a member of the governing body or as an
623	employee or with which the member has entered into a contractual
624	arrangement.
625	(f) The council may prescribe, amend, and repeal bylaws
626	governing the manner in which the business of the council is
627	conducted.
628	(g) The council shall advise the Governor, the
629	Legislature, the State Surgeon General, or other state
630	policymakers with respect to cancer control and resources in
631	this state.
632	(h) The council shall approve a program for cancer control
633	to be known as the "Florida Cancer Plan," which shall be
634	consistent to the extent possible with other cancer or health-
635	related state plans and integrated and coordinated with existing
636	programs in this state. The council shall review and approve the
637	plan at least every 2 years.
638	(i) The council shall formulate and recommend to the
639	Governor, the Legislature, the State Surgeon General, and other
640	state policymakers a plan for the prevention and early detection
641	of cancer which is evidence-based and consistent with standards
642	of practice and supported by evidence-based medicine. The State
643	Surgeon General and other state policymakers shall consider the
644	plan in developing departmental priorities and funding
645	priorities and standards under chapter 395.
646	(j) The council shall provide expertise and input in the
647	content and development of the Florida Cancer Plan.
648	Recommendations shall include the coordination and integration
649	of other state plans concerned with cancer control. Committees
650	may be formed by the council so that the following areas will be
651	established as entities for actions:
652	1. Cancer plan evaluation, including tumor registry, data
653	retrieval systems, and epidemiology of cancer in the state and
654	its relation to other areas.
655	2. Cancer prevention.
656	3. Cancer detection.
657	4. Cancer treatments.
658	5. Support services for cancer patients and caregivers.
659	6. Cancer education for laypersons and professionals.
660	7. Other cancer-control-related topics.
661	(k) The council shall advise the State Surgeon General on
662	methods of enforcing and implementing laws already enacted and
663	concerned with cancer control.
664	(l) The council may recommend to the State Surgeon General
665	rules not inconsistent with law as it may deem necessary for the
666	performance of its duties and the proper administration of this
667	section.
668	(m) The council shall be physically located at the H. Lee
669	Moffitt Cancer Center and Research Institute, Inc.
670	(n) By December 1 of each year, the council shall report
671	any findings and recommendations to the Governor, the President
672	of the Senate, the Speaker of the House of Representatives, and
673	the State Surgeon General.
674	(5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
675	AND RESEARCH INSTITUTE, INC., AND THE DEPARTMENT OF HEALTH.-
676	(a) The H. Lee Moffitt Cancer Center and Research
677	Institute, Inc., shall provide a full-time executive director to
678	coordinate, facilitate, and communicate the mission and
679	responsibilities of the council. Additional administrative
680	support, information, and other assistance shall also be
681	provided as reasonably necessary for the completion of the
682	responsibilities of the council.
683	(b) From the funds appropriated annually for the William
684	G. "Bill" Bankhead, Jr. and David Coley Cancer Research Program,
685	the sum of $150,000 shall be allocated to the H. Lee Moffitt
686	Cancer Center and Research Institute, Inc., for the
687	administrative costs and staff support to convene and facilitate
688	the responsibilities of the council.
689	(c) The Department of Health, after consultation with the
690	council, may adopt rules necessary to administer this section.
691	(d) The Florida Cancer Plan is established within the
692	Department of Health. The Department of Health shall consult
693	with the council in developing the plan, prioritizing goals, and
694	allocating resources. The plan shall be approved by the council.
695	The Cancer Control Collaborative Program shall prioritize
696	programs and resources to reduce the burden of cancer in this
697	state, consistent with the plan.
698	(6) FLORIDA CANCER CONTROL COLLABORATIVE PROGRAM;
699	CREATION; COMPOSITION.-
700	(a) The Cancer Control Collaborative Program is
701	established within the Department of Health and resides within
702	the cancer program. The program is responsible for overseeing
703	and providing infrastructure for the state cancer collaborative
704	network. The primary mission of the program is to implement the
705	plan's initiatives and identify and facilitate the local
706	development of solutions to cancer control needs of the
707	populations served by the regional cancer control
708	collaboratives.
709	(b) The Department of Health shall appoint a cancer
710	program director, who is responsible for supervising the
711	collaborative program. At a minimum, centralized organization,
712	communications, information technology, shared resources, and
713	cancer control expertise shall be provided to the regional
714	cancer control collaboratives by the Department of Health.
715	(c) Each regional cancer control collaborative shall bring
716	together local cancer stakeholders, develop bylaws, identify
717	priority cancer control needs of its region, and develop
718	solutions to solve problems, consistent with the plan and the
719	goal of reducing the burden of cancer in this state. Each
720	collaborative shall meet at least semiannually and send
721	representation to the council meetings.
722	(d) By October 15 of each year, the collaborative program
723	shall submit an annual report to the council. The council shall
724	have input into the prioritization of programs and proposed
725	allocation of resources in the program consistent with the plan.
726	(e) The Cancer Control Collaborative Program shall serve
727	as the infrastructure for expansion or adaptation as federal
728	programs or other opportunities arise for future cancer control
729	initiatives. The development of the infrastructure for local
730	cancer control collaboratives, to the extent possible, shall be
731	designed to leverage opportunities for funding from the United
732	States Centers for Disease Control or other federal sources.
733	Section 7. Paragraph (a) of subsection (5) of section
734	381.855, Florida Statutes, is amended to read:
735	381.855 Florida Center for Universal Research to Eradicate
736	Disease.-
737	(5) There is established within the center an advisory
738	council that shall meet at least annually.
739	(a) The council shall consist of one representative from a
740	Florida not-for-profit institution engaged in basic and clinical
741	biomedical research and education which receives more than $10
742	million in annual grant funding from the National Institutes of
743	Health, to be appointed by the State Surgeon General from a
744	different institution each term, and one representative from and
745	appointed by each of the following entities:
746	1. Enterprise Florida, Inc.
747	2. BioFlorida.
748	3. The Biomedical Research Advisory Council.
749	4. The Florida Medical Foundation.
750	5. Pharmaceutical Research and Manufacturers of America.
751	6. The Florida Cancer Council.
752	6.7. The American Cancer Society, Florida Division, Inc.
753	7.8. The American Heart Association.
754	8.9. The American Lung Association of Florida.
755	9.10. The American Diabetes Association, South Coastal
756	Region.
757	10.11. The Alzheimer's Association.
758	11.12. The Epilepsy Foundation.
759	12.13. The National Parkinson Foundation.
760	13.14. The Florida Public Health Institute, Inc.
761	14.15. The Florida Research Consortium.
762	Section 8. Subsection (1) and paragraph (a) of subsection
763	(2) of section 458.324, Florida Statutes, are amended to read:
764	458.324 Breast cancer; information on treatment
765	alternatives.-
766	(1) DEFINITION.-As used in this section, the term
767	"medically viable," as applied to treatment alternatives, means
768	modes of treatment generally considered by the medical
769	profession to be within the scope of current, acceptable
770	standards, including treatment alternatives described in the
771	written summary prepared by the Florida Cancer Control and
772	Resource Research Advisory Council in accordance with s.
773	1004.435(4)(m).
774	(2) COMMUNICATION OF TREATMENT ALTERNATIVES.-Each
775	physician treating a patient who is, or in the judgment of the
776	physician is at high risk of being, diagnosed as having breast
777	cancer shall inform such patient of the medically viable
778	treatment alternatives available to such patient; shall describe
779	such treatment alternatives; and shall explain the relative
780	advantages, disadvantages, and risks associated with the
781	treatment alternatives to the extent deemed necessary to allow
782	the patient to make a prudent decision regarding such treatment
783	options. In compliance with this subsection:
784	(a) The physician may, in his or her discretion:
785	1. Orally communicate such information directly to the
786	patient or the patient's legal representative;
787	2. Provide the patient or the patient's legal
788	representative with a copy of the written summary prepared in
789	accordance with s. 1004.435(4)(m) and express a willingness to
790	discuss the summary with the patient or the patient's legal
791	representative; or
792	3. Both communicate such information directly and provide
793	a copy of the written summary to the patient or the patient's
794	legal representative for further consideration and possible
795	later discussion.
796
797	Nothing in this subsection shall reduce other provisions of law
798	regarding informed consent.
799	Section 9. Subsection (1) and paragraph (a) of subsection
800	(2) of section 459.0125, Florida Statutes, are amended to read:
801	459.0125 Breast cancer; information on treatment
802	alternatives.-
803	(1) DEFINITION.-As used in this section, the term
804	"medically viable," as applied to treatment alternatives, means
805	modes of treatment generally considered by the medical
806	profession to be within the scope of current, acceptable
807	standards, including treatment alternatives described in the
808	written summary prepared by the Florida Cancer Control and
809	Resource Research Advisory Council in accordance with s.
810	1004.435(4)(m).
811	(2) COMMUNICATION OF TREATMENT ALTERNATIVES.-It is the
812	obligation of every physician treating a patient who is, or in
813	the judgment of the physician is at high risk of being,
814	diagnosed as having breast cancer to inform such patient of the
815	medically viable treatment alternatives available to such
816	patient; to describe such treatment alternatives; and to explain
817	the relative advantages, disadvantages, and risks associated
818	with the treatment alternatives to the extent deemed necessary
819	to allow the patient to make a prudent decision regarding such
820	treatment options. In compliance with this subsection:
821	(a) The physician may, in her or his discretion:
822	1. Orally communicate such information directly to the
823	patient or the patient's legal representative;
824	2. Provide the patient or the patient's legal
825	representative with a copy of the written summary prepared in
826	accordance with s. 1004.435(4)(m) and express her or his
827	willingness to discuss the summary with the patient or the
828	patient's legal representative; or
829	3. Both communicate such information directly and provide
830	a copy of the written summary to the patient or the patient's
831	legal representative for further consideration and possible
832	later discussion.
833
834	Nothing in This subsection does not shall reduce other
835	provisions of law regarding informed consent.
836	Section 10. Section 1004.435, Florida Statutes, is
837	repealed.
838	Section 11. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.