Florida Senate - 2017                                    SB 7004
       
       
        
       By the Committee on Health Policy
       
       588-00919-17                                          20177004__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending ss. 215.56021 and
    4         381.92201, F.S., relating to exemptions from public
    5         records and public meetings requirements for specified
    6         portions of meetings of certain peer review panels
    7         appointed by the Department of Health, for specified
    8         records generated by such peer review panels, and for
    9         research grant applications provided to such peer
   10         review panels; removing the scheduled repeal of the
   11         exemptions; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 215.56021, Florida Statutes, is amended
   16  to read:
   17         215.56021 Exemptions from public records and public
   18  meetings requirements; peer review panels.—
   19         (1) That portion of a meeting of a peer review panel in
   20  which applications for biomedical research grants under s.
   21  215.5602 or s. 381.922 are discussed is exempt from s. 286.011
   22  and s. 24(b), Art. I of the State Constitution.
   23         (2) Any records generated by the peer review panel relating
   24  to review of applications for biomedical research grants, except
   25  final recommendations, are confidential and exempt from s.
   26  119.07(1) and s. 24(a), Art. I of the State Constitution.
   27         (3) Research grant applications provided to the peer review
   28  panel are confidential and exempt from s. 119.07(1) and s.
   29  24(a), Art. I of the State Constitution.
   30         (4) Information that which is held confidential and exempt
   31  under this section may be disclosed with the express written
   32  consent of the individual to whom the information pertains or
   33  the individual’s legally authorized representative, or by court
   34  order upon showing good cause.
   35         (5) Subsections (1), (2), (3), and (4) are subject to the
   36  Open Government Sunset Review Act in accordance with s. 119.15
   37  and shall stand repealed on October 2, 2017, unless reviewed and
   38  saved from repeal through reenactment by the Legislature.
   39         Section 2. Section 381.92201, Florida Statutes, is amended
   40  to read:
   41         381.92201 Exemptions from public records and public
   42  meetings requirements; peer review panels.—
   43         (1) That portion of a meeting of a peer review panel in
   44  which applications for biomedical research grants under s.
   45  215.5602 or s. 381.922 are discussed is exempt from s. 286.011
   46  and s. 24(b), Art. I of the State Constitution.
   47         (2) Any records generated by the peer review panel relating
   48  to review of applications for biomedical research grants, except
   49  final recommendations, are confidential and exempt from s.
   50  119.07(1) and s. 24(a), Art. I of the State Constitution.
   51         (3) Research grant applications provided to the peer review
   52  panel are confidential and exempt from s. 119.07(1) and s.
   53  24(a), Art. I of the State Constitution.
   54         (4) Information that which is held confidential and exempt
   55  under this section may be disclosed with the express written
   56  consent of the individual to whom the information pertains or
   57  the individual’s legally authorized representative, or by court
   58  order upon showing good cause.
   59         (5) Subsections (1), (2), (3), and (4) are subject to the
   60  Open Government Sunset Review Act in accordance with s. 119.15
   61  and shall stand repealed on October 2, 2017, unless reviewed and
   62  saved from repeal through reenactment by the Legislature.
   63         Section 3. This act shall take effect October 1, 2017.