Florida Senate - 2013 SB 1496 By Senator Thrasher 6-01656B-13 20131496__ 1 A bill to be entitled 2 An act relating to public records; amending s. 68.083, 3 F.S.; providing an exemption from public records 4 requirements for the complaint and information held by 5 the Department of Legal Affairs pursuant to an 6 investigation of a violation of s. 68.082, F.S., 7 relating to false claims against the state; providing 8 for future legislative review and repeal of the 9 exemption under the Open Government Sunset Review Act; 10 providing for specified disclosure; specifying 11 duration of the exemption; specifying conditions that 12 constitute an active investigation; providing a 13 statement of public necessity; providing a contingent 14 effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (8) is added to section 68.083, 19 Florida Statutes, to read: 20 68.083 Civil actions for false claims.— 21 (8)(a) Except as otherwise provided in this subsection, the 22 complaint and information held by the department pursuant to an 23 investigation of a violation of s. 68.082 is confidential and 24 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 25 Constitution. This paragraph is subject to the Open Government 26 Sunset Review Act in accordance with s. 119.15 and shall stand 27 repealed on October 2, 2018, unless reviewed and saved from 28 repeal through reenactment by the Legislature. 29 (b) Information made confidential and exempt under 30 paragraph (a) may be disclosed by the department to a law 31 enforcement agency or another administrative agency in the 32 performance of its official duties and responsibilities. 33 (c) Information made confidential and exempt under 34 paragraph (a) is no longer confidential and exempt once the 35 investigation is completed or ceases to be active unless 36 disclosure of the information would: 37 1. Jeopardize the integrity of another active 38 investigation; 39 2. Reveal investigative techniques or procedures; or 40 3. Reveal trade secrets as defined in s. 688.002. 41 (d) For purposes of this subsection, an investigation is 42 considered active if the investigation is proceeding with 43 reasonable dispatch and the department has a reasonable, good 44 faith belief that the investigation could lead to the filing of 45 an administrative, civil, or criminal proceeding. 46 Section 2. The Legislature finds that it is a public 47 necessity that the complaint and information held by the 48 Department of Legal Affairs pursuant to an investigation of a 49 violation of s. 68.082, Florida Statutes, relating to false 50 claims against the state, be held confidential and exempt from 51 public records requirements. Because a false claims 52 investigation conducted by the Department of Legal Affairs may 53 lead to the filing of an administrative or civil proceeding, the 54 premature release of the complaint and information held by the 55 department could frustrate or thwart the investigation and 56 impair the ability of the department to effectively and 57 efficiently administer its duties under the Florida False Claims 58 Act, ss. 68.081-68.092, Florida Statutes. This exemption also 59 protects the reputation of the named defendant in the event the 60 allegations of the qui tam complaint ultimately prove to be 61 unfounded. Without this exemption, a plaintiff can subject a 62 defendant to serious fraud allegations in the name of the State 63 of Florida merely by filing a qui tam complaint. Additionally, 64 given the department’s subpoena powers for all qui tam 65 investigations, this exemption, which mirrors the existing 66 statutory exemption in s. 409.913(12), Florida Statutes, for 67 information obtained during investigations of Medicaid claims, 68 is especially appropriate. Therefore, the Legislature finds that 69 it is a public necessity that the complaint and information held 70 by the Department of Legal Affairs pursuant to an investigation 71 of a violation of s. 68.082, Florida Statutes, relating to false 72 claims against the state, be held confidential and exempt from 73 public records requirements. 74 Section 3. This act shall take effect on the same date that 75 SB ____ or similar legislation takes effect if such legislation 76 is adopted in the same legislative session, or an extension 77 thereof, and becomes law.