Florida Senate - 2014                                     SB 840
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00989-14                                            2014840__
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending s. 381.82, F.S.; providing an exemption from
    4         public records requirements for research grant
    5         applications submitted to the Alzheimer’s Disease
    6         Research Grant Advisory Board under the Ed and Ethel
    7         Moore Alzheimer’s Disease Research Program and records
    8         generated by the board relating to the review of the
    9         applications; providing an exemption from public
   10         meetings requirements for those portions of meetings
   11         of the board during which the research grant
   12         applications are discussed; authorizing disclosure of
   13         such confidential information under certain
   14         circumstances; providing for legislative review and
   15         repeal of the exemptions under the Open Government
   16         Sunset Review Act; providing a statement of public
   17         necessity; providing a contingent effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (d) is added to subsection (3) of
   22  section 381.82, Florida Statutes, as created by SB ____, 2014
   23  Regular Session, to read:
   24         381.82 Ed and Ethel Moore Alzheimer’s Disease Research
   25  Program.—
   26         (3) There is created the Alzheimer’s Disease Research Grant
   27  Advisory Board within the Department of Health.
   28         (d)1. Applications submitted to the board for Alzheimer’s
   29  disease research grants under this section and, with the
   30  exception of final recommendations, records generated by the
   31  board relating to the review of such applications are
   32  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   33  of the State Constitution.
   34         2. Portions of a meeting of the board at which applications
   35  for Alzheimer’s disease research grants under this section are
   36  discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
   37  State Constitution.
   38         3. Information that is held confidential and exempt under
   39  this paragraph may be disclosed with the express written consent
   40  of the individual to whom the information pertains or the
   41  individual’s legally authorized representative, or by court
   42  order upon showing good cause.
   43         4. This paragraph is subject to the Open Government Sunset
   44  Review Act in accordance with s. 119.15 and shall stand repealed
   45  on October 2, 2019, unless reviewed and saved from repeal
   46  through reenactment by the Legislature.
   47         Section 2. (1) The Legislature finds that it is a public
   48  necessity that applications for Alzheimer’s disease research
   49  grants submitted to the Alzheimer’s Disease Research Grant
   50  Advisory Board and records generated by the board relating to
   51  the review of such applications are confidential and exempt from
   52  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   53  State Constitution. The research grant applications and the
   54  records generated by the board relating to the review of such
   55  applications contain information of a confidential nature,
   56  including ideas and processes, which could injure the affected
   57  researchers and stifle scientific innovation if publicly
   58  disclosed. Maintaining confidentiality is a hallmark of
   59  scientific peer review when awarding grants and is practiced by
   60  the National Science Foundation and the National Institutes of
   61  Health. The Legislature further finds that any public benefit
   62  derived from the disclosure of such information is significantly
   63  outweighed by the public and private harm which could result
   64  from the disclosure of such applications and records.
   65         (2) The Legislature finds that it is a public necessity
   66  that portions of meetings of the Alzheimer’s Disease Research
   67  Grant Advisory Board at which the applications are discussed be
   68  exempt from s. 286.011, Florida Statutes, and s. 24(b), Article
   69  I of the State Constitution. Maintaining confidentiality allows
   70  for candid exchanges among reviewers critiquing applications.
   71  The Legislature further finds that closing access to those
   72  portions of meetings of the board during which the Alzheimer’s
   73  disease research grant applications are discussed serves a
   74  public good by ensuring that decisions are based upon merit
   75  without bias or undue influence. This exemption is narrowly
   76  drawn in that only those portions of meetings at which the
   77  applications for research grants are discussed are exempt from
   78  public meetings requirements.
   79         Section 3. This act shall take effect on the same date that
   80  SB ____ or similar legislation takes effect, if such legislation
   81  is adopted in the same legislative session or an extension
   82  thereof and becomes law.