Florida Senate - 2012                                    SB 1856
       
       
       
       By Senator Flores
       
       
       
       
       38-01678A-12                                          20121856__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         215.5602, F.S., relating to the James and Esther King
    4         Biomedical Research Program; providing an exemption
    5         from public records and public meetings requirements
    6         for peer review panels meeting to review certain grant
    7         proposals; amending s. 381.922, F.S., relating to the
    8         William G. “Bill” Bankhead, Jr., and David Coley
    9         Cancer Research Program; providing an exemption from
   10         public records and public meetings requirements for
   11         peer review panels meeting to review certain grant
   12         proposals; providing a statement of public necessity;
   13         providing a contingent effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (7) of section 215.5602, Florida
   18  Statutes, is amended to read:
   19         215.5602 James and Esther King Biomedical Research
   20  Program.—
   21         (7) The council and the peer review panel shall establish
   22  and follow rigorous guidelines for ethical conduct and adhere to
   23  a strict policy with regard to conflict of interest. A member of
   24  the council or panel may not participate in any council or panel
   25  discussion or decision with respect to a research proposal by
   26  any firm, entity, or agency with which the member is associated
   27  as a member of the governing body or as an employee, or with
   28  which the member has entered into a contractual arrangement.
   29  Meetings of the council are and the peer review panels shall be
   30  subject to the provisions of chapter 119, s. 286.011, and s. 24,
   31  Art. I of the State Constitution.
   32         Section 2. Paragraph (c) of subsection (3) of section
   33  381.922, Florida Statutes, is amended to read:
   34         381.922 William G. “Bill” Bankhead, Jr., and David Coley
   35  Cancer Research Program.—
   36         (3)
   37         (c) The council and the peer review panel shall establish
   38  and follow rigorous guidelines for ethical conduct and adhere to
   39  a strict policy with regard to conflicts of interest. A member
   40  of the council or panel may not participate in any council or
   41  panel discussion or decision with respect to a research proposal
   42  by any firm, entity, or agency with which the member is
   43  associated as a member of the governing body or as an employee
   44  or with which the member has entered into a contractual
   45  arrangement. Meetings of the council and the peer review panels
   46  are subject to chapter 119, s. 286.011, and s. 24, Art. I of the
   47  State Constitution.
   48         Section 3. The Legislature finds that it is a public
   49  necessity that information discussed by a peer review panel
   50  regarding the funding of a biomedical grant proposal be made
   51  confidential and exempt from the requirements of s. 119.07(1),
   52  Florida Statutes, and s. 24(a), Article I of the State
   53  Constitution. The Legislature further finds that maintaining
   54  confidentiality is a hallmark of scientific peer review when
   55  awarding grants, is practiced by the National Science Foundation
   56  and the National Institutes of Health, and allows for candid
   57  exchanges between reviewers critiquing proposals submitted for
   58  funding. The Legislature further finds that maintaining the
   59  confidentiality of meetings of scientific peer review panels
   60  serves a public good by ensuring that decisions are based upon
   61  merit without bias or undue influence.
   62         Section 4. This act shall take effect on the same date that
   63  SB ____ or similar legislation takes effect, if such legislation
   64  is adopted in the same legislative session or an extension
   65  thereof and becomes law.