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 This paragraph is subject to the Open Government Sunset 44 Review Act in accordance with s. 119.15 and shall stand repealed 45 on October 2, 2019, unless reviewed and saved from repeal 46 through reenactment by the Legislature. 47 Section 2.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.