Bill Text: FL S0840 | 2014 | Regular Session | Comm Sub

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Bill Title: Public Records and Meetings/Alzheimer's Disease Research Grant Advisory Board

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 711 (Ch. 2014-164), CS/CS/HB 709 (Ch. 2014-163) [S0840 Detail]

Download: Florida-2014-S0840-Comm_Sub.html

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       Florida Senate - 2014                              CS for SB 840
       
       
        
       By the Committee on Health Policy; and Senator Richter
       
       
       
       
       
       588-02825-14                                           2014840c1
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 381.82, F.S.; providing an exemption from
    4         public records requirements for research grant
    5         applications submitted to the Alzheimer’s Disease
    6         Research Grant Advisory Board under the Ed and Ethel
    7         Moore Alzheimer’s Disease Research Program and records
    8         generated by the board relating to the review of the
    9         applications; providing an exemption from public
   10         meetings requirements for those portions of meetings
   11         of the board during which the research grant
   12         applications are discussed; requiring the recording of
   13         closed portions of meetings; authorizing disclosure of
   14         such confidential information under certain
   15         circumstances; providing for legislative review and
   16         repeal of the exemptions under the Open Government
   17         Sunset Review Act; providing a statement of public
   18         necessity; providing a contingent effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (d) is added to subsection (3) of
   23  section 381.82, Florida Statutes, as created by SB 872, 2014
   24  Regular Session, to read:
   25         381.82 Ed and Ethel Moore Alzheimer’s Disease Research
   26  Program.—
   27         (3) There is created the Alzheimer’s Disease Research Grant
   28  Advisory Board within the Department of Health.
   29         (d)1. Applications submitted to the board for Alzheimer’s
   30  disease research grants under this section and, with the
   31  exception of final recommendations, records generated by the
   32  board relating to the review of such applications are
   33  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   34  of the State Constitution.
   35         2. Portions of a meeting of the board at which applications
   36  for Alzheimer’s disease research grants under this section are
   37  discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
   38  State Constitution. The closed portion of a meeting must be
   39  recorded. The recording shall be maintained by the board and
   40  shall be subject to disclosure in accordance with subparagraph
   41  3.
   42         3. Information that is held confidential and exempt under
   43  this paragraph may be disclosed with the express written consent
   44  of the individual to whom the information pertains or the
   45  individual’s legally authorized representative, or by court
   46  order upon a showing of good cause.
   47         4. This paragraph is subject to the Open Government Sunset
   48  Review Act in accordance with s. 119.15 and shall stand repealed
   49  on October 2, 2019, unless reviewed and saved from repeal
   50  through reenactment by the Legislature.
   51         Section 2. (1) The Legislature finds that it is a public
   52  necessity that applications for Alzheimer’s disease research
   53  grants submitted to the Alzheimer’s Disease Research Grant
   54  Advisory Board and records generated by the board relating to
   55  the review of such applications are confidential and exempt from
   56  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   57  State Constitution. The research grant applications and the
   58  records generated by the board relating to the review of such
   59  applications contain information of a confidential nature,
   60  including ideas and processes, which could injure the affected
   61  researchers and stifle scientific innovation if publicly
   62  disclosed. Maintaining confidentiality is a hallmark of
   63  scientific peer review when awarding grants and is practiced by
   64  the National Science Foundation and the National Institutes of
   65  Health. The Legislature further finds that any public benefit
   66  derived from the disclosure of such information is significantly
   67  outweighed by the public and private harm which could result
   68  from the disclosure of such applications and records.
   69         (2) The Legislature finds that it is a public necessity
   70  that portions of meetings of the Alzheimer’s Disease Research
   71  Grant Advisory Board at which the applications are discussed be
   72  held exempt from s. 286.011, Florida Statutes, and s. 24(b),
   73  Article I of the State Constitution. Maintaining confidentiality
   74  allows for candid exchanges among reviewers critiquing
   75  applications. The Legislature further finds that closing access
   76  to those portions of meetings of the board during which the
   77  Alzheimer’s disease research grant applications are discussed
   78  serves a public good by ensuring that decisions are based upon
   79  merit without bias or undue influence. This exemption is
   80  narrowly drawn in that only those portions of meetings at which
   81  the applications for research grants are discussed are exempt
   82  from public meetings requirements.
   83         Section 3. This act shall take effect on the same date that
   84  SB 872 or similar legislation takes effect, if such legislation
   85  is adopted in the same legislative session or an extension
   86  thereof and becomes law.