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 areand the peer review panels shall be30 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 counciland the peer review panels46 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.