ENROLLED HB 5303, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb5303-02-er Page 1 of 8 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 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 ENROLLED HB 5303, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb5303-02-er Page 2 of 8 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 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 ENROLLED HB 5303, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb5303-02-er Page 3 of 8 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 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 ENROLLED HB 5303, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb5303-02-er Page 4 of 8 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 (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 ENROLLED HB 5303, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb5303-02-er Page 5 of 8 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 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 ENROLLED HB 5303, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb5303-02-er Page 6 of 8 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 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 ENROLLED HB 5303, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb5303-02-er Page 7 of 8 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 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 ENROLLED HB 5303, Engrossed 1 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb5303-02-er Page 8 of 8 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 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