| 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 |
| 63 | that HB 655 or similar legislation takes effect, if such |
| 64 | legislation is adopted in the same legislative session or an |
| 65 | extension thereof and becomes law. |