SENATE AMENDMENT
    Bill No. CS for SB 8-E
    Amendment No. ___   Barcode 870518
                            CHAMBER ACTION
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       10/23/2003 02:37 PM         .                    
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11  Senator Constantine moved the following amendment:
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13         Senate Amendment 
14         On page 6, line 4, through page 8, line 2, delete those
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17  and insert:  necessity to make exempt and confidential
18  agreements and proposals to receive funding, including grant
19  applications, until after the conclusion of the project and
20  the issuance of a report, while maintaining the exemption for
21  proprietary information provided for in s. 288.9551(2)(a) in
22  those agreements and grant applications. If these records are
23  not protected during the application process and during the
24  time work on the project is ongoing, the grantee would be at a
25  competitive disadvantage in competing for those funds.
26  Further, it is a public necessity to make exempt and
27  confidential materials that relate to the recruitment of
28  scientists and researchers. If this information is not
29  protected, it could  adversely affect the ability of the
30  grantee to attract the highest quality scientists and
31  researchers to The Scripps Research Institute or grantee by
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    10:17 PM   10/22/03                             s0008E.go22.03

SENATE AMENDMENT Bill No. CS for SB 8-E Amendment No. ___ Barcode 870518 1 permitting competitors to determine what the terms of 2 employment negotiations for scientists and researchers are and 3 to outbid The Scripps Research Institute or grantee. This 4 would adversely affect the program and defeat its purpose. 5 Furthermore, oversight and accountability for hiring of 6 scientists and researchers is maintained through the 7 requirement in s. 288.955 that reports on average 8 compensation, numbers and types of personnel be provided to 9 the Scripps Florida Funding Corporation or the Office of 10 Tourism, Trade and Economic Development. 11 (4) The Legislature also finds that it is a public 12 necessity to protect the identity of donors and potential 13 donors to The Scripps Research Institute or grantee because 14 some donors wish to remain anonymous and if their identity is 15 not protected they would not make donations. Such donations 16 provide additional funding for research and may provide 17 additional reinvestment funds to the state. Thus, the identity 18 of the donors must be protected in order to enhance and ensure 19 the continuation of such funding and donations. 20 (5) The Legislature also finds that it is a public 21 necessity to make confidential and exempt from public 22 disclosure any information received from a person, another 23 state, the Federal Government, or another nation which is 24 confidential or exempt from disclosure pursuant to the laws of 25 that state, nation, or the Federal Government. Failure to 26 protect such information would inhibit scientific research by 27 The Scripps Research Institute or grantee because other 28 persons, states, the Federal Government, or nations could be 29 unwilling to share information and research if it could be 30 released. Without protecting such information, The Scripps 31 Research Institute or grantee would be on an unequal footing 2 10:17 PM 10/22/03 s0008E.go22.03
SENATE AMENDMENT Bill No. CS for SB 8-E Amendment No. ___ Barcode 870518 1 in the biomedical industry as compared with research 2 competitors that are not required to disclose confidential and 3 exempt information, and thus operate to the economic detriment 4 of the State. 5 (6) The Legislature also finds that it is a public 6 necessity to make confidential and exempt from public 7 disclosure personal identifying information of individuals who 8 participate in human trials or experiments and any medical or 9 health records relating to patients, participants, or clients 10 which are held by the Scripps Florida Funding Corporation, The 11 Scripps Research Institute or grantee, or the Office of 12 Tourism, Trade, and Economic Development. Compilation of this 13 information is necessary to conduct scientific research but 14 could be damaging to those persons who have volunteered or 15 otherwise agreed to participate. Such persons might be denied 16 health insurance, suffer employment discrimination, and 17 experience other personal problems and embarrassment if this 18 highly sensitive and personal information were to be made 19 public. If potential volunteers, patients, or clients feared 20 that such consequences could be suffered by participating in 21 human trials and other scientific research, they might refuse 22 to participate, which would adversely affect biomedical 23 research by The Scripps Research Institute or grantee and 24 place those entities on an unequal footing with other research 25 institutes that protect this information, and thus operate to 26 the economic detriment of the State. 27 28 29 30 31 3 10:17 PM 10/22/03 s0008E.go22.03