Florida 2023 Regular Session

Florida House Bill H5303 Latest Draft

Bill / Enrolled Version Filed 05/09/2023

                                    
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      1 
An act relating to biomedical research; amending s. 2 
20.435, F.S.; expanding the uses of the Biomedical 3 
Research Trust Fund; amending s. 381.915, F.S.; 4 
revising a definition; authorizing a specified amount 5 
from the total appropriated funds for the Casey 6 
DeSantis Cancer Research Program to be distributed to 7 
participating cancer centers; requiring a report for 8 
specified statewide cancer statistics to includ e 9 
breast cancer; amending s. 381.922, F.S.; removing a 10 
certain award of an endowment for a specified program; 11 
providing an effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Paragraph (a) of subsection (7) of sec tion 16 
20.435, Florida Statutes, is amended to read: 17 
 20.435  Department of Health; trust funds. —The following 18 
trust funds shall be administered by the Department of Health: 19 
 (7)  Biomedical Research Trust Fund. 20 
 (a)  Funds to be credited to the trust fund s hall consist 21 
of funds appropriated by the Legislature. Funds shall be used 22 
for the purposes of the James and Esther King Biomedical 23 
Research Program, the Casey DeSantis Cancer Research Program, 24 
and the William G. "Bill" Bankhead, Jr., and David Coley Cance r 25          
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Research Program as specified in ss. 215.5602, 288.955, 381.915, 26 
and 381.922, and other cancer research initiatives as 27 
appropriated by the Legislature . The trust fund is exempt from 28 
the service charges imposed by s. 215.20. 29 
 Section 2.  Subsections (7) , (8), and (9) of section 30 
381.915, Florida Statutes, are renumbered as subsections (8), 31 
(9), and (10), respectively, subsection (2), paragraph (b) of 32 
subsection (3), subsection (4), and paragraph (a) of present 33 
subsection (7) are amended, and a new subsect ion (7) is added to 34 
that section, to read: 35 
 381.915  Casey DeSantis Cancer Research Program. — 36 
 (2)  The Casey DeSantis Cancer Research Program is 37 
established to enhance the quality and competitiveness of cancer 38 
care in this state, further a statewide biome dical research 39 
strategy directly responsive to the health needs of Florida's 40 
citizens, and capitalize on the potential educational 41 
opportunities available to its students. The department shall 42 
make payments to Florida-based cancer centers recognized by the 43 
National Cancer Institute (NCI) at the National Institutes of 44 
Health as NCI-designated cancer centers or NCI -designated 45 
comprehensive cancer centers, and cancer centers working toward 46 
achieving NCI designation. The department shall distribute funds 47 
to participating cancer centers on a quarterly basis during each 48 
fiscal year for which an appropriation is made. 49 
 (3)  On or before September 15 of each year, the department 50          
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shall calculate an allocation fraction to be used for 51 
distributing funds to participatin g cancer centers. On or before 52 
the final business day of each quarter of the state fiscal year, 53 
the department shall distribute to each participating cancer 54 
center one-fourth of that cancer center's annual allocation 55 
calculated under subsection (6). The al location fraction for 56 
each participating cancer center is based on the cancer center's 57 
tier-designated weight under subsection (4) multiplied by each 58 
of the following allocation factors based on activities in this 59 
state: number of reportable cases, peer -review costs, and 60 
biomedical education and training. As used in this section, the 61 
term: 62 
 (b)  "Cancer center" means a comprehensive center with at 63 
least one geographic site in the state, a freestanding center 64 
located in the state , a center situated within an academic 65 
institution, or a Florida-based formal research-based consortium 66 
under centralized leadership that has achieved NCI designation 67 
or is prepared to achieve NCI designation by June 30, 2024 July 68 
1, 2019. 69 
 (4)  Tier designations and corresponding wei ghts within the 70 
Casey DeSantis Cancer Research Program are as follows: 71 
 (a)  Tier 1: Florida-based NCI-designated comprehensive 72 
cancer centers, which shall be weighted at 1.5. 73 
 (b)  Tier 2: Florida-based NCI-designated cancer centers, 74 
which shall be weight ed at 1.25. 75          
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 (c)  Tier 3: Florida-based Cancer centers seeking 76 
designation as either a NCI -designated cancer center or NCI -77 
designated comprehensive cancer center, which shall be weighted 78 
at 1.0. 79 
 1.  A cancer center shall meet the following minimum 80 
criteria to be considered eligible for Tier 3 designation in any 81 
given fiscal year: 82 
 a.  Conducting cancer -related basic scientific research and 83 
cancer-related population scientific research; 84 
 b.  Offering and providing the full range of diagnostic and 85 
treatment services on site, as determined by the Commission on 86 
Cancer of the American College of Surgeons; 87 
 c.  Hosting or conducting cancer -related interventional 88 
clinical trials that are registered with the NCI's Clinical 89 
Trials Reporting Program; 90 
 d.  Offering degree-granting programs or affiliating with 91 
universities through degree -granting programs accredited or 92 
approved by a nationally recognized agency and offered through 93 
the center or through the center in conjunction with another 94 
institution accredited by the Commission on Colleges of the 95 
Southern Association of Colleges and Schools; 96 
 e.  Providing training to clinical trainees, medical 97 
trainees accredited by the Accreditation Council for Graduate 98 
Medical Education or the American Osteopathic Associatio n, and 99 
postdoctoral fellows recently awarded a doctorate degree; and 100          
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 f.  Having more than $5 million in annual direct costs 101 
associated with their total NCI peer -reviewed grant funding. 102 
 2.  The General Appropriations Act or accompanying 103 
legislation may limit the number of cancer centers which shall 104 
receive Tier 3 designations or provide additional criteria for 105 
such designation. 106 
 3.  A cancer center's participation in Tier 3 may not 107 
extend beyond June 30, 2024. 108 
 4.  A cancer center that qualifies as a desig nated Tier 3 109 
center under the criteria provided in subparagraph 1. by July 1, 110 
2014, is authorized to pursue NCI designation as a cancer center 111 
or a comprehensive cancer center until June 30, 2024. 112 
 (7)  The amount of $37,771,257 from the total funds 113 
appropriated in the General Appropriations Act for the Casey 114 
DeSantis Cancer Research Program shall be excluded from the 115 
annual allocation fraction calculation under subsection (5). The 116 
excluded amount shall be distributed to participating cancer 117 
centers in the same proportion as determined by the allocation 118 
fraction calculation. 119 
 (8)(7) Beginning July 1, 2017, and every 3 years 120 
thereafter, the department, in conjunction with participating 121 
cancer centers, shall submit a report to the Cancer Control and 122 
Research Advisory Council on specific metrics relating to cancer 123 
mortality and external funding for cancer -related research in 124 
the state. If a cancer center does not endorse this report or 125          
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produce an equivalent independent report, the cancer center 126 
shall be suspended from the program for 1 year. The report must 127 
include: 128 
 (a)  An analysis of trending age -adjusted cancer mortality 129 
rates in the state, which must include, at a minimum, overall 130 
age-adjusted mortality rates for cancer statewide and age -131 
adjusted mortality rates by age group, geographic region, and 132 
type of cancer, which must include, at a minimum: 133 
 1.  Lung cancer. 134 
 2.  Pancreatic cancer. 135 
 3.  Sarcoma. 136 
 4.  Melanoma. 137 
 5.  Leukemia and myelodysplastic syndromes. 138 
 6.  Brain cancer. 139 
 7.  Breast cancer. 140 
 Section 3.  Subsection (4) of section 381.922, Florida 141 
Statutes, is amended to read: 142 
 381.922  William G. "Bill" Bankhead, Jr., and David Coley 143 
Cancer Research Program. — 144 
 (4)  In order to attract and retain experienced research 145 
talent and attendant national gra nt-producing researchers to 146 
integrated cancer research and care institutions in this state, 147 
the Department of Health shall award endowments to integrated 148 
cancer research and care institutions for establishing a funded 149 
research chair, pursuant to the Genera l Appropriations Act, 150          
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specifying an appropriation for this purpose. Funding for the 151 
endowed chairs must be independent of funds appropriated 152 
pursuant to s. 215.5602(12). The purpose of the endowment is to 153 
provide secure funding for at least 7 years to attr act an 154 
experienced and promising researcher whose continued employment 155 
for this period is not contingent upon grant awards associated 156 
with time-limited research projects. In addition, the 157 
Legislature intends for a research chair to specialize in a 158 
cancer-related research field that will facilitate coordination 159 
among research institutions within the state and attract other 160 
promising researchers and funding to the state. 161 
 (a)  Upon selection of an endowed research chair, the 162 
institution shall notify the chair s of the appropriations 163 
committees of the Senate and the House of Representatives. An 164 
institution funded pursuant to this subsection shall provide to 165 
the Governor, the President of the Senate, and the Speaker of 166 
the House of Representatives an annual progr ess report by 167 
December 15 that must, at a minimum, provide the research 168 
chair's name; the amount of the endowment fund used for the 169 
chair's salary; research responsibilities; the percentage of 170 
time devoted to research if the chair also serves as a member o f 171 
the faculty; research progress; progress toward achieving the 172 
goals of this program; endowment expenditures; balance, interest 173 
rate, and interest earned on the endowment; and the amount of 174 
federal or private grants or donations generated, if any, as a 175          
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result of the research chair's efforts. 176 
 (b)  If an institution must replace an endowed research 177 
chair, the endowment must cease funding expenses associated with 178 
the endowed research chair, other than reasonable costs for 179 
recruitment, until a replacement cha ir has been retained. While 180 
the endowed research chair is vacant, the endowment must 181 
continue to earn interest and all earnings must be added to the 182 
balance of the endowment. A vacancy tolls the 7 -year timeframe 183 
for the endowed research chair. 184 
 Section 4.  This act shall take effect July 1, 2023. 185