The Florida Senate

414.295  Temporary assistance programs; public records exemption.--

(1)  Personal identifying information contained in records relating to temporary cash assistance which identifies a participant, a participant's family, or a participant's family or household member, except for information identifying a noncustodial parent, and which is held by the department, the Agency for Workforce Innovation, Workforce Florida, Inc., the Department of Management Services, the Department of Health, the Department of Revenue, the Department of Education, a regional workforce board or local committee created pursuant to s. 445.007, or service providers under contract with any of these entities shall be held confidential and exempt from the requirements of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such information made confidential and exempt may be released for purposes directly connected with:

(a)  The administration of the temporary assistance for needy families plan under Title IV-A of the Social Security Act, as amended, which may include disclosure of information within and among the department, the Agency for Workforce Innovation, Workforce Florida, Inc., the Department of Management Services, the Department of Health, the Department of Revenue, the Department of Education, a regional workforce board or local committee created pursuant to s. 445.007, or service providers under contract with any of these entities.

(b)  The administration of the state's plan or program approved under Title IV-B, Title IV-D, or Title IV-E of the Social Security Act, as amended, or under Title I, Title X, Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the Social Security Act, as amended.

(c)  Any investigation, prosecution, or any criminal, civil, or administrative proceeding conducted in connection with the administration of any of the plans or programs specified in paragraph (a) or paragraph (b). Such information shall be disclosed to a federal, state, or local governmental entity, upon request by that entity, when such request is made pursuant to the proper exercise of that entity's duties and responsibilities.

(d)  The administration of any other state, federal, or federally assisted program that provides assistance or services on the basis of need, in cash or in kind, directly to a participant.

(e)  Any audit or similar activity, such as a review of expenditure reports or financial review, conducted in connection with the administration of any of the plans or programs specified in paragraph (a) or paragraph (b) by a governmental entity authorized by law to conduct such audit or activity.

(f)  The administration of the unemployment compensation program.

(g)  The reporting to the appropriate agency or official of information about known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child or elderly person receiving assistance, if circumstances indicate that the health or welfare of the child or elderly person is threatened.

(h)  The administration of services to elderly persons under ss. 430.601-430.606.

(2)  If a subpoena is received for any information made confidential and exempt by this section, the public record or part thereof in question shall be submitted to the court for an inspection in camera. The court may make such provision as it finds necessary to maintain appropriate confidentiality. Except pursuant to court order, the receiving entities shall retain the confidential and exempt status of such personal identifying information as otherwise provided for in this section.

(3)  If information is obtained from a participant through an integrated eligibility process so that the requirements of more than one state or federal program apply to the information, the requirements of the program that is the provider of the information shall prevail. If the department cannot determine which program is the provider of the information, the requirements of each applicable state or federal program shall be met.

(4)  This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, and shall stand repealed on October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 2, ch. 2001-160.