Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 840
       
       
       
       
       
       
                                Ì209838QÎ209838                         
       
                              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   30  Review Act in accordance with s. 119.15 and shall stand repealed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