FL
Florida House Bill H5303

Florida 2023 Regular Session

Florida House Bill H5303 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to biomedical research; amending s. 2
1616 20.435, F.S.; expanding the uses of the Biomedical 3
1717 Research Trust Fund; amending s. 381.915, F.S.; 4
1818 revising a definition; authorizing a specified amount 5
1919 from the total appropriated funds for the Casey 6
2020 DeSantis Cancer Research Program to be distributed to 7
2121 participating cancer centers; requiring a report for 8
2222 specified statewide cancer statistics to include 9
2323 breast cancer; amending s. 381.922, F.S.; removing a 10
2424 certain award of an endowment for a specified program; 11
2525 providing an effective date. 12
2626 13
2727 Be It Enacted by the Legislature of the State of Florida: 14
2828 15
2929 Section 1. Paragraph (a) of subsection (7) of section 16
3030 20.435, Florida Statutes, is amended to read: 17
3131 20.435 Department of Health; trust funds. —The following 18
3232 trust funds shall be administered by the Department of Health: 19
3333 (7) Biomedical Research Trust Fund. 20
3434 (a) Funds to be credited to the trust fund shall consi st 21
3535 of funds appropriated by the Legislature. Funds shall be used 22
3636 for the purposes of the James and Esther King Biomedical 23
3737 Research Program, the Casey DeSantis Cancer Research Program, 24
3838 and the William G. "Bill" Bankhead, Jr., and David Coley Cancer 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 Research Program as specified in ss. 215.5602, 288.955, 381.915, 26
5252 and 381.922, and other cancer research initiatives as 27
5353 appropriated by the Legislature . The trust fund is exempt from 28
5454 the service charges imposed by s. 215.20. 29
5555 Section 2. Subsections (7), (8), and (9) of section 30
5656 381.915, Florida Statutes, are renumbered as subsections (8), 31
5757 (9), and (10), respectively, subsection (2), paragraph (b) of 32
5858 subsection (3), subsection (4), and paragraph (a) of present 33
5959 subsection (7) are amended, and a new subsection (7) is added to 34
6060 that section, to read: 35
6161 381.915 Casey DeSantis Cancer Research Program. — 36
6262 (2) The Casey DeSantis Cancer Research Program is 37
6363 established to enhance the quality and competitiveness of cancer 38
6464 care in this state, further a statewide biomedical rese arch 39
6565 strategy directly responsive to the health needs of Florida's 40
6666 citizens, and capitalize on the potential educational 41
6767 opportunities available to its students. The department shall 42
6868 make payments to Florida-based cancer centers recognized by the 43
6969 National Cancer Institute (NCI) at the National Institutes of 44
7070 Health as NCI-designated cancer centers or NCI -designated 45
7171 comprehensive cancer centers, and cancer centers working toward 46
7272 achieving NCI designation. The department shall distribute funds 47
7373 to participating cancer centers on a quarterly basis during each 48
7474 fiscal year for which an appropriation is made. 49
7575 (3) On or before September 15 of each year, the department 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 shall calculate an allocation fraction to be used for 51
8989 distributing funds to participating cancer c enters. On or before 52
9090 the final business day of each quarter of the state fiscal year, 53
9191 the department shall distribute to each participating cancer 54
9292 center one-fourth of that cancer center's annual allocation 55
9393 calculated under subsection (6). The allocation f raction for 56
9494 each participating cancer center is based on the cancer center's 57
9595 tier-designated weight under subsection (4) multiplied by each 58
96-of the following allocation factors based on activities in this 59
97-state: number of reportable cases, peer -review costs, and 60
98-biomedical education and training. As used in this section, the 61
99-term: 62
100- (b) "Cancer center" means a comprehensive center with at 63
101-least one geographic site in the state, a freestanding center 64
102-located in the state , a center situated within an academic 65
103-institution, or a Florida-based formal research-based consortium 66
104-under centralized leadership that has achieved NCI designation 67
105-or is prepared to achieve NCI designation by June 30, 2024 July 68
106-1, 2019. 69
107- (4) Tier designations and corresponding wei ghts within the 70
108-Casey DeSantis Cancer Research Program are as follows: 71
109- (a) Tier 1: Florida-based NCI-designated comprehensive 72
110-cancer centers, which shall be weighted at 1.5. 73
111- (b) Tier 2: Florida-based NCI-designated cancer centers, 74
112-which shall be weight ed at 1.25. 75
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96+of the following allocation factors: number of reportable cases, 59
97+peer-review costs, and biomedical education and tra ining. As 60
98+used in this section, the term: 61
99+ (b) "Cancer center" means a comprehensive center with at 62
100+least one geographic site in the state, a freestanding center 63
101+located in the state , a center situated within an academic 64
102+institution, or a Florida-based formal research-based consortium 65
103+under centralized leadership that has achieved NCI designation 66
104+or is prepared to achieve NCI designation by June 30, 2024 July 67
105+1, 2019. 68
106+ (4) Tier designations and corresponding weights within the 69
107+Casey DeSantis Cancer Resear ch Program are as follows: 70
108+ (a) Tier 1: Florida-based NCI-designated comprehensive 71
109+cancer centers, which shall be weighted at 1.5. 72
110+ (b) Tier 2: Florida-based NCI-designated cancer centers, 73
111+which shall be weighted at 1.25. 74
112+ (c) Tier 3: Florida-based Cancer centers seeking 75
113+
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125- (c) Tier 3: Florida-based Cancer centers seeking 76
126-designation as either a NCI -designated cancer center or NCI -77
127-designated comprehensive cancer center, which shall be weighted 78
128-at 1.0. 79
129- 1. A cancer center shall meet the following minimum 80
130-criteria to be considered eligible for Tier 3 designation in any 81
131-given fiscal year: 82
132- a. Conducting cancer -related basic scientific research and 83
133-cancer-related population scientific research; 84
134- b. Offering and providing the full range of diagnostic and 85
135-treatment services on site, as determined by the Commission on 86
136-Cancer of the American College of Surgeons; 87
137- c. Hosting or conducting cancer -related interventional 88
138-clinical trials that are registered with the NCI's Clinical 89
139-Trials Reporting Program; 90
140- d. Offering degree-granting programs or affiliating with 91
141-universities through degree -granting programs accredited or 92
142-approved by a nationally recognized agency and offered through 93
143-the center or through the center in conjunction with another 94
144-institution accredited by the Commission on Colleges of the 95
145-Southern Association of Colleges and Schools; 96
146- e. Providing training to clinical trainees, medical 97
147-trainees accredited by the Accreditation Council for Graduate 98
148-Medical Education or the American Osteopathic Associatio n, and 99
149-postdoctoral fellows recently awarded a doctorate degree; and 100
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125+designation as either a NCI -designated cancer center or NCI -76
126+designated comprehensive cancer center, which shall be weighted 77
127+at 1.0. 78
128+ 1. A cancer center shall meet the following minimum 79
129+criteria to be considered eligible for Tier 3 designation in any 80
130+given fiscal year: 81
131+ a. Conducting cancer -related basic scientific research and 82
132+cancer-related population scientific research; 83
133+ b. Offering and providing the full range of diagnostic and 84
134+treatment services on site, as determined by the Commission on 85
135+Cancer of the American College of Surgeons; 86
136+ c. Hosting or conducting cancer -related interventional 87
137+clinical trials that are registered with the NCI's Clinical 88
138+Trials Reporting Program; 89
139+ d. Offering degree-granting programs or affiliating w ith 90
140+universities through degree -granting programs accredited or 91
141+approved by a nationally recognized agency and offered through 92
142+the center or through the center in conjunction with another 93
143+institution accredited by the Commission on Colleges of the 94
144+Southern Association of Colleges and Schools; 95
145+ e. Providing training to clinical trainees, medical 96
146+trainees accredited by the Accreditation Council for Graduate 97
147+Medical Education or the American Osteopathic Association, and 98
148+postdoctoral fellows recently awarded a doctorate degree; and 99
149+ f. Having more than $5 million in annual direct costs 100
150+
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162- f. Having more than $5 million in annual direct costs 101
163-associated with their total NCI peer -reviewed grant funding. 102
164- 2. The General Appropriations Act or accompanying 103
165-legislation may limit the number of cancer centers which shall 104
166-receive Tier 3 designations or provide additional criteria for 105
167-such designation. 106
168- 3. A cancer center's participation in Tier 3 may not 107
169-extend beyond June 30, 2024. 108
170- 4. A cancer center that qualifies as a desig nated Tier 3 109
171-center under the criteria provided in subparagraph 1. by July 1, 110
172-2014, is authorized to pursue NCI designation as a cancer center 111
173-or a comprehensive cancer center until June 30, 2024. 112
174- (7) The amount of $37,771,257 from the total funds 113
175-appropriated in the General Appropriations Act for the Casey 114
176-DeSantis Cancer Research Program shall be excluded from the 115
177-annual allocation fraction calculation under subsection (5). The 116
178-excluded amount shall be distributed to participating cancer 117
179-centers in the same proportion as determined by the allocation 118
180-fraction calculation. 119
181- (8)(7) Beginning July 1, 2017, and every 3 years 120
182-thereafter, the department, in conjunction with participating 121
183-cancer centers, shall submit a report to the Cancer Control and 122
184-Research Advisory Council on specific metrics relating to cancer 123
185-mortality and external funding for cancer -related research in 124
186-the state. If a cancer center does not endorse this report or 125
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162+associated with their total NCI peer -reviewed grant funding. 101
163+ 2. The General Appropriations Act or accompanying 102
164+legislation may limit the number of cancer centers which shall 103
165+receive Tier 3 designations or provide additional criteria for 104
166+such designation. 105
167+ 3. A cancer center's participation in Tier 3 may not 106
168+extend beyond June 30, 2024. 107
169+ 4. A cancer center that qualifies as a designated Tier 3 108
170+center under the criteria provide d in subparagraph 1. by July 1, 109
171+2014, is authorized to pursue NCI designation as a cancer center 110
172+or a comprehensive cancer center until June 30, 2024. 111
173+ (7) The amount of $37,771,257 from the total funds 112
174+appropriated in the General Appropriations Act for t he Casey 113
175+DeSantis Cancer Research Program shall be excluded from the 114
176+annual allocation fraction calculation under subsection (5). The 115
177+excluded amount shall be distributed to participating cancer 116
178+centers in the same proportion as determined by the allocatio n 117
179+fraction calculation. 118
180+ (8)(7) Beginning July 1, 2017, and every 3 years 119
181+thereafter, the department, in conjunction with participating 120
182+cancer centers, shall submit a report to the Cancer Control and 121
183+Research Advisory Council on specific metrics relating to cancer 122
184+mortality and external funding for cancer -related research in 123
185+the state. If a cancer center does not endorse this report or 124
186+produce an equivalent independent report, the cancer center 125
187+
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-produce an equivalent independent report, the cancer center 126
200-shall be suspended from the program for 1 year. The report must 127
201-include: 128
202- (a) An analysis of trending age -adjusted cancer mortality 129
203-rates in the state, which must include, at a minimum, overall 130
204-age-adjusted mortality rates for cancer statewide and age -131
205-adjusted mortality rates by age group, geographic region, and 132
206-type of cancer, which must include, at a minimum: 133
207- 1. Lung cancer. 134
208- 2. Pancreatic cancer. 135
209- 3. Sarcoma. 136
210- 4. Melanoma. 137
211- 5. Leukemia and myelodysplastic syndromes. 138
212- 6. Brain cancer. 139
213- 7. Breast cancer. 140
214- Section 3. Subsection (4) of section 381.922, Florida 141
215-Statutes, is amended to read: 142
216- 381.922 William G. "Bill" Bankhead, Jr., and David Coley 143
217-Cancer Research Program. — 144
218- (4) In order to attract and retain experienced research 145
219-talent and attendant national gra nt-producing researchers to 146
220-integrated cancer research and care institutions in this state, 147
221-the Department of Health shall award endowments to integrated 148
222-cancer research and care institutions for establishing a funded 149
223-research chair, pursuant to the Genera l Appropriations Act, 150
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199+shall be suspended from the program for 1 year. The report mus t 126
200+include: 127
201+ (a) An analysis of trending age -adjusted cancer mortality 128
202+rates in the state, which must include, at a minimum, overall 129
203+age-adjusted mortality rates for cancer statewide and age -130
204+adjusted mortality rates by age group, geographic region, and 131
205+type of cancer, which must include, at a minimum: 132
206+ 1. Lung cancer. 133
207+ 2. Pancreatic cancer. 134
208+ 3. Sarcoma. 135
209+ 4. Melanoma. 136
210+ 5. Leukemia and myelodysplastic syndromes. 137
211+ 6. Brain cancer. 138
212+ 7. Breast cancer. 139
213+ Section 3. Subsection (4) of section 381.922, Flor ida 140
214+Statutes, is amended to read: 141
215+ 381.922 William G. "Bill" Bankhead, Jr., and David Coley 142
216+Cancer Research Program. — 143
217+ (4) In order to attract and retain experienced research 144
218+talent and attendant national grant -producing researchers to 145
219+integrated cancer research and care institutions in this state, 146
220+the Department of Health shall award endowments to integrated 147
221+cancer research and care institutions for establishing a funded 148
222+research chair, pursuant to the General Appropriations Act, 149
223+specifying an appropriat ion for this purpose. Funding for the 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-specifying an appropriation for this purpose. Funding for the 151
237-endowed chairs must be independent of funds appropriated 152
238-pursuant to s. 215.5602(12). The purpose of the endowment is to 153
239-provide secure funding for at least 7 years to attr act an 154
240-experienced and promising researcher whose continued employment 155
241-for this period is not contingent upon grant awards associated 156
242-with time-limited research projects. In addition, the 157
243-Legislature intends for a research chair to specialize in a 158
244-cancer-related research field that will facilitate coordination 159
245-among research institutions within the state and attract other 160
246-promising researchers and funding to the state. 161
247- (a) Upon selection of an endowed research chair, the 162
248-institution shall notify the chair s of the appropriations 163
249-committees of the Senate and the House of Representatives. An 164
250-institution funded pursuant to this subsection shall provide to 165
251-the Governor, the President of the Senate, and the Speaker of 166
252-the House of Representatives an annual progr ess report by 167
253-December 15 that must, at a minimum, provide the research 168
254-chair's name; the amount of the endowment fund used for the 169
255-chair's salary; research responsibilities; the percentage of 170
256-time devoted to research if the chair also serves as a member o f 171
257-the faculty; research progress; progress toward achieving the 172
258-goals of this program; endowment expenditures; balance, interest 173
259-rate, and interest earned on the endowment; and the amount of 174
260-federal or private grants or donations generated, if any, as a 175
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236+endowed chairs must be independent of funds appropriated 151
237+pursuant to s. 215.5602(12). The purpose of the endowment is to 152
238+provide secure funding for at least 7 years to attract an 153
239+experienced and promising researcher wh ose continued employment 154
240+for this period is not contingent upon grant awards associated 155
241+with time-limited research projects. In addition, the 156
242+Legislature intends for a research chair to specialize in a 157
243+cancer-related research field that will facilitate coo rdination 158
244+among research institutions within the state and attract other 159
245+promising researchers and funding to the state. 160
246+ (a) Upon selection of an endowed research chair, the 161
247+institution shall notify the chairs of the appropriations 162
248+committees of the Sena te and the House of Representatives. An 163
249+institution funded pursuant to this subsection shall provide to 164
250+the Governor, the President of the Senate, and the Speaker of 165
251+the House of Representatives an annual progress report by 166
252+December 15 that must, at a mini mum, provide the research 167
253+chair's name; the amount of the endowment fund used for the 168
254+chair's salary; research responsibilities; the percentage of 169
255+time devoted to research if the chair also serves as a member of 170
256+the faculty; research progress; progress tow ard achieving the 171
257+goals of this program; endowment expenditures; balance, interest 172
258+rate, and interest earned on the endowment; and the amount of 173
259+federal or private grants or donations generated, if any, as a 174
260+result of the research chair's efforts. 175
261+
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273-result of the research chair's efforts. 176
274- (b) If an institution must replace an endowed research 177
275-chair, the endowment must cease funding expenses associated with 178
276-the endowed research chair, other than reasonable costs for 179
277-recruitment, until a replacement cha ir has been retained. While 180
278-the endowed research chair is vacant, the endowment must 181
279-continue to earn interest and all earnings must be added to the 182
280-balance of the endowment. A vacancy tolls the 7 -year timeframe 183
281-for the endowed research chair. 184
282- Section 4. This act shall take effect July 1, 2023. 185
273+ (b) If an institution must replace an endowed research 176
274+chair, the endowment must cease funding expenses associated with 177
275+the endowed research chair, other than reasonable costs for 178
276+recruitment, until a replacement chair has been retained. While 179
277+the endowed research chair is vacant, the endowment must 180
278+continue to earn interest and all earnings must be added to the 181
279+balance of the endowment. A vacancy tolls the 7 -year timeframe 182
280+for the endowed research chair. 183
281+ Section 4. This act shall take effect July 1, 2023. 184