Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 840
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/19/2014 .
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following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 22 - 80
4 and insert:
5 section 381.82, Florida Statutes, as created by SB 872, 2014
6 Regular Session, to read:
7 381.82 Ed and Ethel Moore Alzheimer’s Disease Research
8 Program.—
9 (3) There is created the Alzheimer’s Disease Research Grant
10 Advisory Board within the Department of Health.
11 (d)1. Applications submitted to the board for Alzheimer’s
12 disease research grants under this section and, with the
13 exception of final recommendations, records generated by the
14 board relating to the review of such applications are
15 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
16 of the State Constitution.
17 2. Portions of a meeting of the board at which applications
18 for Alzheimer’s disease research grants under this section are
19 discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
20 State Constitution. The closed portion of a meeting must be
21 recorded. The recording shall be maintained by the board and
22 shall be subject to disclosure in accordance with subparagraph
23 3.
24 3. Information that is held confidential and exempt under
25 this paragraph may be disclosed with the express written consent
26 of the individual to whom the information pertains or the
27 individual’s legally authorized representative, or by court
28 order upon a showing of good cause.
29 4. This paragraph is subject to the Open Government Sunset
30 Review Act in accordance with s. 119.15 and shall stand repealed
31 on October 2, 2019, unless reviewed and saved from repeal
32 through reenactment by the Legislature.
33 Section 2. (1) The Legislature finds that it is a public
34 necessity that applications for Alzheimer’s disease research
35 grants submitted to the Alzheimer’s Disease Research Grant
36 Advisory Board and records generated by the board relating to
37 the review of such applications are confidential and exempt from
38 s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
39 State Constitution. The research grant applications and the
40 records generated by the board relating to the review of such
41 applications contain information of a confidential nature,
42 including ideas and processes, which could injure the affected
43 researchers and stifle scientific innovation if publicly
44 disclosed. Maintaining confidentiality is a hallmark of
45 scientific peer review when awarding grants and is practiced by
46 the National Science Foundation and the National Institutes of
47 Health. The Legislature further finds that any public benefit
48 derived from the disclosure of such information is significantly
49 outweighed by the public and private harm which could result
50 from the disclosure of such applications and records.
51 (2) The Legislature finds that it is a public necessity
52 that portions of meetings of the Alzheimer’s Disease Research
53 Grant Advisory Board at which the applications are discussed be
54 held exempt from s. 286.011, Florida Statutes, and s. 24(b),
55 Article I of the State Constitution. Maintaining confidentiality
56 allows for candid exchanges among reviewers critiquing
57 applications. The Legislature further finds that closing access
58 to those portions of meetings of the board during which the
59 Alzheimer’s disease research grant applications are discussed
60 serves a public good by ensuring that decisions are based upon
61 merit without bias or undue influence. This exemption is
62 narrowly drawn in that only those portions of meetings at which
63 the applications for research grants are discussed are exempt
64 from public meetings requirements.
65 Section 3. This act shall take effect on the same date that
66 SB 872 or similar legislation takes effect, if such legislation
67
68 ================= T I T L E A M E N D M E N T ================
69 And the title is amended as follows:
70 Delete line 12
71 and insert:
72 applications are discussed; requiring the recording of
73 closed portions of meetings; authorizing disclosure of