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1999 Florida Statutes
SECTION 70
Drug-testing and drug-screening program; procedures.
Drug-testing and drug-screening program; procedures.
House Bill 0429
CODING: WordsFlorida House of Representatives - 2000 HB 429 By the Committee on Children & Families and Representative Murman 1 A bill to be entitled 2 An act relating to public meetings and public 3 records; creating s. 414.295, F.S.; providing 4 an exemption from public meetings requirements 5 for any staff meeting, or portion thereof, of 6 the Department of Children and Family Services, 7 Department of Labor and Employment Security, 8 Department of Management Services, Department 9 of Health, Department of Revenue, WAGES Program 10 State Board of Directors, or a local WAGES 11 coalition, or their contract service providers, 12 at which certain identifying information 13 regarding temporary cash assistance programs, 14 which is restricted pursuant to requirements of 15 federal law, is discussed; providing an 16 exemption from public records requirements for 17 certain identifying information in such 18 entities' records of such programs; authorizing 19 release of confidential information for 20 specified purposes; providing a prohibition; 21 providing procedures for release of information 22 under specified circumstances; providing a 23 finding of public necessity; providing an 24 effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 414.295, Florida Statutes, is 29 created to read: 30 414.295 Temporary cash assistance programs; 31 safeguarding information.-- 1 CODING: Wordsstrickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 429 602-133B-00 1 (1) MEETINGS EXEMPT FROM PUBLIC MEETINGS LAW.--Those 2 portions of a meeting held by the Department of Children and 3 Family Services, the Department of Labor and Employment 4 Security, Department of Management Services, the Department of 5 Health, the Department of Revenue, the WAGES Program State 6 Board of Directors, or a local WAGES coalition, or service 7 providers under contract to any of these entities, pursuant to 8 the implementation of s. 414.027, s. 414.028, s. 414.030, s. 9 414.045, s. 414.055, s. 414.065, s. 414.0655, s. 414.075, s. 10 414.085, s. 414.095, s. 414.105, s. 414.115, s. 414.122, s. 11 414.125, s. 414.13, s. 414.15, s. 414.1525, s. 414.155, s. 12 414.157, s. 414.158, s. 414.1585, s. 414.159, s. 414.16, s. 13 414.18, s. 414.20, s. 414.21, s. 414.22, s. 414.223, s. 14 414.225, s. 414.23, s. 414.24, s. 414.27, s. 414.32, s. 15 414.35, s. 414.38, s. 414.391, s. 414.392, s. 414.44, or s. 16 414.70, at which information is discussed which identifies 17 individuals who have applied for or are receiving temporary 18 assistance shall be confidential and exempt from the 19 requirements of s. 286.011 and s. 24(b), Art. I of the State 20 Constitution. This exemption is made in accordance with the 21 requirements of federal law under s. 402 of the Social 22 Security Act, as amended, (42 U.S.C. 602) and is not subject 23 to repeal under s. 119.15. 24 (2) INFORMATION EXEMPT FROM PUBLIC RECORDS 25 LAW.--Information which identifies individuals in records held 26 by or acquired by the Department of Children and Family 27 Services, the Department of Labor and Employment Security, 28 Department of Management Services, the Department of Health, 29 the Department of Revenue, the WAGES Program State Board of 30 Directors, or local WAGES coalitions, or service providers 31 under contract to any of these entities, pursuant to the 2 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 429 602-133B-00 1 implementation of s. 414.027, s. 414.028, s. 414.030, s. 2 414.045, s. 414.055, s. 414.065, s. 414.0655, s. 414.075, s. 3 414.085, s. 414.095, s. 414.105, s. 414.115, s. 414.122, s. 4 414.125, s. 414.13, s. 414.15, s. 414.1525, s. 414.155, s. 5 414.157, s. 414.158, s. 414.1585, s. 414.159, s. 414.16, s. 6 414.18, s. 414.20, s. 414.21, s. 414.22, s. 414,223, s. 7 414.225, s. 414.23, s. 414.24, s. 414.27, s. 414.32, s. 8 414.35, s. 414.38, s. 414.391, s. 414.392, s. 414.44, or s. 9 414.70, is confidential and exempt from the public records 10 requirements of s. 119.07(1) and s. 24(a), Art. I of the State 11 Constitution. This exemption is made in accordance with the 12 requirements of federal law under s. 402 of the Social 13 Security Act, as amended, (42 U.S.C. 602) and is not subject 14 to repeal under s. 119.15. 15 (3) RELEASE OF INFORMATION AUTHORIZED FOR SPECIFIED 16 PURPOSES.--Identifying information made confidential and 17 exempt pursuant to this section may be released for purposes 18 directly connected with: 19 (a) The administration of the temporary assistance for 20 needy families plan under Title IV-A of the Social Security 21 Act, as amended, which may include disclosure of information 22 within and among the Department of Children and Family 23 Services, the Department of Labor and Employment Security, the 24 Department of Management Services, the Department of Health, 25 the Department of Revenue, the WAGES Program State Board of 26 Directors, local WAGES coalitions, and service providers under 27 contract to any of these entities. 28 (b) The administration of the state's plan or program 29 approved under Title IV-B, Title IV-D, or Title IV-E of the 30 Social Security Act, as amended, or under Title I, Title X, 31 3 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 429 602-133B-00 1 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the 2 Social Security Act, as amended. 3 (c) Any investigation, prosecution, or criminal or 4 civil proceeding conducted in connection with the 5 administration of any of the plans or programs specified in 6 paragraph (a) or paragraph (b). The department has authority 7 to disclose the current address of a program applicant or 8 recipient to a federal, state, or local law enforcement 9 officer at his or her request. Such information shall be 10 disclosed only to law enforcement officers who provide the 11 name of the applicant or recipient and satisfactorily 12 demonstrate that: 13 1. The applicant or recipient: 14 a. Is fleeing to avoid prosecution, or custody or 15 confinement after conviction, under the laws of the place from 16 which the individual flees, for a crime, or an attempt to 17 commit a crime, which is a felony under the laws of the place 18 from which the individual flees, or which, in the case of the 19 State of New Jersey, is a high misdemeanor under the laws of 20 such state; 21 b. Is violating a condition of probation or parole 22 imposed under federal or state law; or 23 c. Has information that is necessary for the officer 24 to conduct the official duties of the officer. 25 2. The location or apprehension of the individual is 26 within the law officer's official duties; and 27 3. The request is made in the proper exercise of those 28 duties. However, the information may only be used within the 29 proper exercise of those duties. 30 (d) The administration of any other state, federal, or 31 federally assisted program which provides assistance, in cash 4 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 429 602-133B-00 1 or in kind, or services, directly to individuals on the basis 2 of need. 3 (e) Any audit or similar activity, such as a review of 4 expenditure reports or financial review, conducted in 5 connection with the administration of any of the plans or 6 programs specified in paragraph (a) or paragraph (b), by any 7 governmental entity which is authorized by law to conduct such 8 audit or activity. 9 (f) The administration of the unemployment 10 compensation program. 11 (g) The reporting to the appropriate agency or 12 official of information about known or suspected instances of 13 physical or mental injury, sexual abuse or exploitation, or 14 negligent treatment or maltreatment of a child receiving 15 assistance, under circumstances which indicate that the 16 child's health or welfare is threatened. 17 18 Disclosure or publication of any information or lists that 19 identify by name or address any program applicant or 20 recipient, to any federal, state, or local committee or 21 legislative body other than in connection with any activity 22 under this subsection, is prohibited. 23 (4) PROCEDURES FOR RELEASE OF CERTAIN INFORMATION.-- 24 (a) Except under court order, the release or use of 25 confidential information concerning individuals applying for 26 or receiving temporary cash assistance may only be made under 27 a protocol that maintains standards of confidentiality which 28 are comparable to those that apply to the department. Local 29 WAGES coalitions and their employees and contract providers 30 shall meet the same standards of confidentiality as those that 31 apply to the department. With regard to the information made 5 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 429 602-133B-00 1 confidential in this section, the state agencies charged by 2 law to implement the WAGES Program may receive the 3 information. 4 (b) In the event of the issuance of a subpoena for the 5 case record of a program applicant or recipient or for any 6 agency representative to testify concerning information about 7 an applicant or recipient rendered confidential by this 8 section, the public record or part thereof in question shall 9 be submitted to the court for an inspection in camera. An 10 inspection in camera shall be discretionary with the court, 11 and the court may make such provisions as it finds necessary 12 to maintain appropriate confidentiality. 13 (c) In the event that information is obtained from 14 program applicants or recipients through an integrated 15 eligibility process such that the requirements of more than 16 one state or federal program apply to the information, the 17 requirements of the program that is the provider of the 18 information shall prevail. If the department cannot determine 19 which program is the provider of the information, the 20 requirements of each applicable state or federal program shall 21 be met. 22 Section 2. (1) The Legislature finds that it is a 23 public necessity that the records and meetings held pursuant 24 to the implementation of ss. 414.027, 414.028, 414.030, 25 414.045, 414.055, 414.065, 414.0655, 414.075, 414.085, 26 414.095, 414.105, 414.115, 414.122, 414.125, 414.13, 414.15, 27 414.1525, 414.155, 414.157, 414.158, 414.1585, 414.159, 28 414.16, 414.18, 414.20, 414.21, 414.22, 414.223, 414.225, 29 414.23, 414.24, 414.27, 414.32, 414.35, 414.38, 414.391, 30 414.392, 414.44, and 414.70, Florida Statutes, be held 31 6 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 429 602-133B-00 1 confidential and exempt from the public records and public 2 meetings laws for the following reasons: 3 (a) The state has compelling interests in ensuring 4 that individuals eligible for cash assistance enter into and 5 fully participate in WAGES programs to assist them in 6 attaining self-sufficiency, including programs to deal with 7 problems such as illiteracy, substance abuse, and mental 8 health. The fear of public disclosure of personal information 9 by applicants for and participants in temporary cash 10 assistance programs and by their children constitutes a 11 significant disincentive for their full participation in 12 programs to assist in the development of independence and 13 makes more difficult the development of a sense of self-worth 14 that is essential to the process of moving towards 15 independence. 16 (b) The state has compelling interests in ensuring 17 that meetings concerning cash assistance cases be able to 18 consider information regarding eligibility for cash 19 assistance, hardship exemption, extension of time limits, and 20 other provisions of the program that may require information 21 from many sources, much of which is subject to federal and 22 state confidentiality laws. 23 (c) The state has a compelling interest in protecting 24 the children of families applying for or receiving cash 25 assistance or participating in related intervention programs 26 from the trauma of public disclosure of personal information. 27 (d) The state has a compelling interest in the 28 protection of victims of domestic violence. Among applicants 29 for and recipients of cash assistance are victims of domestic 30 violence who may be traumatized or placed in danger by public 31 7 CODING: Words strickenare deletions; words underlined are additions.Florida House of Representatives - 2000 HB 429 602-133B-00 1 disclosure of their identity, personal address, or other 2 personal information. 3 (2) Therefore, for the reasons stated in this section, 4 the Legislature finds that it is a public necessity that the 5 access to records and meetings which discuss personal 6 information of applicants for or recipients of temporary cash 7 assistance shall be limited as provided for in this act. 8 Section 3. This act shall take effect upon becoming a 9 law. 10 11 ***************************************** 12 HOUSE SUMMARY 13 Provides an exemption from public meetings requirements 14 for any staff meeting, or portion thereof, of the Department of Children and Family Services, Department of 15 Labor and Employment Security, Department of Management Services, Department of Health, Department of Revenue, 16 WAGES Program State Board of Directors, or a local WAGES coalition, or their contract service providers, at which 17 certain identifying information regarding temporary cash assistance programs, which is restricted pursuant to 18 federal law, is discussed. Provides an exemption from public records requirements for certain identifying 19 information in such entities' records of such programs, and provides for future review and repeal of this 20 exemption. Authorizes release of confidential identifying information for specified purposes. Prohibits disclosure 21 of such identifying information to any governmental committee or legislative body except as authorized under 22 the act. Provides procedures for release of certain information under specified circumstances. 23 24 25 26 27 28 29 30 31 8