Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 840 Ì209838QÎ209838 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/19/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 This paragraph is subject to the Open Government Sunset 30 Review Act in accordance with s. 119.15 and shall stand repealed 31 on October 2, 2019, unless reviewed and saved from repeal 32 through reenactment by the Legislature. 33 Section 2.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