Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 1856 Barcode 878622 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/27/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Garcia) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Exemptions from public records and public 6 meetings requirements; peer review panels.— 7 (1) That portion of a meeting of a peer review panel in 8 which applications for biomedical research grants under s. 9 215.5602, Florida Statutes, or s. 381.922, Florida Statutes, are 10 discussed is exempt from s. 286.011, Florida Statutes, and s. 11 24(b), Art. I of the State Constitution. 12 (2) Any records generated by the peer review panel relating 13 to review of applications for biomedical research grants, except 14 final recommendations, are confidential and exempt from s. 15 119.07(1), Florida Statutes, and s. 24(a), Art. I of the State 16 Constitution. 17 (3) Research grant applications provided to the peer review 18 panel are confidential and exempt from s. 119.07(1), Florida 19 Statutes, and s. 24(a), Art. I of the State Constitution. 20 (4) Information which is held confidential and exempt under 21 this section may be disclosed with the express written consent 22 of the individual to whom the information pertains or the 23 individual's legally authorized representative, or by court 24 order upon showing good cause. 25 (5) Subsections (1), (2), and (3) are subject to the Open 26 Government Sunset Review Act in accordance with s. 119.15, 27 Florida Statutes, and shall stand repealed on October 2, 2017, 28 unless reviewed and saved from repeal through reenactment by the 29 Legislature. 30 Section 2. The Legislature finds that it is a public 31 necessity that meetings of peer review panels under the James 32 and Esther King Biomedical Research Program and the William G. 33 "Bill" Bankhead, Jr., and David Coley Cancer Research Program, 34 in which applications for the biomedical research grants are 35 discussed, certain records generated by the peer review panel 36 related to the review of applications for biomedical research 37 grants, and research grant applications provided to such peer 38 review panels be held confidential and exempt from disclosure. 39 The research grant applications contain information of a 40 confidential nature, including ideas and processes, the 41 disclosure of which could injure the affected researcher. 42 Maintaining confidentiality is a hallmark of scientific peer 43 review when awarding grants, is practiced by the National 44 Science Foundation and the National Institutes of Health, and 45 allows for candid exchanges between reviewers critiquing 46 proposals. The Legislature further finds that closing access to 47 meetings of scientific peer review panels in which biomedical 48 research applications are discussed serves a public good by 49 ensuring that decisions are based upon merit without bias or 50 undue influence. Further, the Legislature finds that records 51 generated during meetings of the peer review panels related to 52 the review of applications for biomedical research grants must 53 be protected for the same reasons that justify the closing of 54 such meetings. 55 Section 3. This act shall take effect on the same date that 56 SB 616 or similar legislation takes effect, if such legislation 57 is adopted in the same legislative session or an extension 58 thereof and becomes law. 59 60 61 ================= T I T L E A M E N D M E N T ================ 62 And the title is amended as follows: 63 Delete everything before the enacting clause 64 and insert: 65 A bill to be entitled 66 An act relating to public meetings and public records; 67 providing an exemption from public meeting requirements for 68 certain meetings of a peer review panel under the James and 69 Esther King Biomedical Research Program and the William G. 70 "Bill" Bankhead, Jr., and David Coley Cancer Research Program; 71 providing an exemption from public records requirements for 72 certain records related to biomedical research grant 73 applications; providing an exemption from public records 74 requirements for research grant applications provided to, and 75 reviewed by, the peer review panel; providing exceptions to the 76 exemption; providing for legislative review and repeal of the 77 exemptions; providing a statement of public necessity; providing 78 a contingent effective date.