House Bill 1575e1

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                                          HB 1575, First Engrossed



  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 Health, Department of Revenue,

  9         WAGES Program State Board of Directors, or a

10         local WAGES coalition, or their contract

11         service providers, at which certain identifying

12         information regarding temporary cash assistance

13         programs, which is restricted pursuant to

14         requirements of federal law, is discussed;

15         providing an exemption from public records

16         requirements for certain identifying

17         information in such entities' records of such

18         programs; authorizing release of confidential

19         information for specified purposes; providing a

20         prohibition; providing procedures for release

21         of information under specified circumstances;

22         providing a finding of public necessity;

23         providing an effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Section 414.295, Florida Statutes, is

28  created to read:

29         414.295  Temporary cash assistance programs;

30  safeguarding information.--

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                                          HB 1575, First Engrossed



  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, the Department of Health, the Department of Revenue,

  5  the WAGES Program State Board of Directors, or a local WAGES

  6  coalition, or service providers under contract to any of these

  7  entities, pursuant to the implementation of s. 414.027, s.

  8  414.028, s. 414.030, s. 414.055, s. 414.065, s. 414.075, s.

  9  414.085, s. 414.095, s. 414.105, s. 414.115, s. 414.125, s.

10  414.13, s. 414.15, s. 414.155, s. 414.16, s. 414.20, s.

11  414.21, s. 414.22, s. 414.225, s. 414.23, s. 414.24, s.

12  414.27, s. 414.32, s. 414.35, s. 414.38, s. 414.391, s.

13  414.392, s. 414.44, or s. 414.70, at which information is

14  discussed which identifies individuals who have applied for or

15  are receiving temporary assistance shall be confidential and

16  exempt from the requirements of s. 286.011 and s. 24(b), Art.

17  I of the State Constitution. This exemption is made in

18  accordance with the requirements of federal law under s. 402

19  of the Social Security Act, as amended (42 U.S.C. 602), and is

20  not subject to repeal under s. 119.15.

21         (2)  INFORMATION EXEMPT FROM PUBLIC RECORDS

22  LAW.--Information which identifies individuals in records

23  acquired by the Department of Children and Family Services,

24  the Department of Labor and Employment Security, the

25  Department of Health, the Department of Revenue, the WAGES

26  Program State Board of Directors, or local WAGES coalitions,

27  or service providers under contract to any of these entities,

28  pursuant to the implementation of s. 414.027, s. 414.028, s.

29  414.030, s. 414.055, s. 414.065, s. 414.075, s. 414.085, s.

30  414.095, s. 414.105, s. 414.115, s. 414.125, s. 414.13, s.

31  414.15, s. 414.155, s. 414.16, s. 414.20, s. 414.21, s.


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                                          HB 1575, First Engrossed



  1  414.22, s. 414.225, s. 414.23, s. 414.24, s. 414.27, s.

  2  414.32, s. 414.35, s. 414.38, s. 414.391, s. 414.392, s.

  3  414.44, or s. 414.70, is confidential and exempt from the

  4  public records requirements of s. 119.07(1) and s. 24(a), Art.

  5  I of the State Constitution.  This exemption is made in

  6  accordance with the requirements of federal law under s. 402

  7  of the Social Security Act, as amended (42 U.S.C. 602), and is

  8  not subject to repeal under s. 119.15.

  9         (3)  RELEASE OF INFORMATION AUTHORIZED FOR SPECIFIED

10  PURPOSES.--Identifying information made confidential and

11  exempt pursuant to this section may be released for purposes

12  directly connected with:

13         (a)  The administration of the temporary assistance for

14  needy families plan under Title IV-A of the Social Security

15  Act, as amended, which may include disclosure of information

16  within and among the Department of Children and Family

17  Services, the Department of Labor and Employment Security, the

18  Department of Health, the Department of Revenue, the WAGES

19  Program State Board of Directors, local WAGES coalitions, and

20  service providers under contract to any of these entities.

21         (b)  The administration of the state's plan or program

22  approved under Title IV-B, Title IV-D, or Title IV-E of the

23  Social Security Act, as amended, or under Title I, Title X,

24  Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the

25  Social Security Act, as amended.

26         (c)  Any investigation, prosecution, or criminal or

27  civil proceeding conducted in connection with the

28  administration of any of the plans or programs specified in

29  paragraph (a) or paragraph (b). The department has authority

30  to disclose the current address of a program applicant or

31  recipient to a federal, state, or local law enforcement


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                                          HB 1575, First Engrossed



  1  officer at his or her request.  Such information shall be

  2  disclosed only to law enforcement officers who provide the

  3  name of the recipient and satisfactorily demonstrate that:

  4         1.  The recipient:

  5         a.  Is fleeing to avoid prosecution, or custody or

  6  confinement after conviction, under the laws of the place from

  7  which the individual flees, for a crime, or an attempt to

  8  commit a crime, which is a felony under the laws of the place

  9  from which the individual flees, or which, in the case of the

10  State of New Jersey, is a high misdemeanor under the laws of

11  such state;

12         b.  Is violating a condition of probation or parole

13  imposed under federal or state law; or

14         c.  Has information that is necessary for the officer

15  to conduct the official duties of the officer.

16         2.  The location or apprehension of the individual is

17  within the law officer's official duties; and

18         3.  The request is made in the proper exercise of those

19  duties.  However, the information may only be used within the

20  proper exercise of those duties.

21         (d)  The administration of any other state, federal, or

22  federally assisted program which provides assistance, in cash

23  or in kind, or services, directly to individuals on the basis

24  of need.

25         (e)  Any audit or similar activity, such as a review of

26  expenditure reports or financial review, conducted in

27  connection with the administration of any of the plans or

28  programs specified in paragraph (a) or paragraph (b), by any

29  governmental entity which is authorized by law to conduct such

30  audit or activity.

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                                          HB 1575, First Engrossed



  1         (f)  The administration of the unemployment

  2  compensation program.

  3         (g)  The reporting to the appropriate agency or

  4  official of information about known or suspected instances of

  5  physical or mental injury, sexual abuse or exploitation, or

  6  negligent treatment or maltreatment of a child receiving

  7  assistance, under circumstances which indicate that the

  8  child's health or welfare is threatened.

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10  Disclosure or publication of any information or lists that

11  identify by name or address any program applicant or

12  recipient, to any federal, state, or local committee or

13  legislative body other than in connection with any activity

14  under this subsection, is prohibited.

15         (4)  PROCEDURES FOR RELEASE OF CERTAIN INFORMATION.--

16         (a)  Except under court order, the release or use of

17  confidential information concerning individuals applying for

18  or receiving temporary cash assistance may only be made under

19  a protocol that maintains standards of confidentiality which

20  are comparable to those that apply to the department.  Local

21  WAGES coalitions and their employees and contract providers

22  shall meet the same standards of confidentiality as those that

23  apply to the department.  With regard to the information made

24  confidential in this section, the state agencies charged by

25  law to implement the WAGES Program may receive the

26  information.

27         (b)  In the event of the issuance of a subpoena for the

28  case record of a program applicant or recipient or for any

29  agency representative to testify concerning information about

30  an applicant or recipient rendered confidential by this

31  section, the public record or part thereof in question shall


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                                          HB 1575, First Engrossed



  1  be submitted to the court for an inspection in camera.  An

  2  inspection in camera shall be discretionary with the court,

  3  and the court may make such provisions as it finds necessary

  4  to maintain appropriate confidentiality.

  5         (c)  In the event that information is obtained from

  6  program applicants or recipients through an integrated

  7  eligibility process such that the requirements of more than

  8  one state or federal program apply to the information, the

  9  requirements of the program that is the provider of the

10  information shall prevail.  If the department cannot determine

11  which program is the provider of the information, the

12  requirements of each applicable state or federal program shall

13  be met.

14         Section 2.  (1)  The Legislature finds that it is a

15  public necessity that the records and meetings held pursuant

16  to the implementation of ss. 414.027, 414.028, 414.030,

17  414.055, 414.065, 414.075, 414.085, 414.095, 414.105, 414.115,

18  414.125, 414.13, 414.15, 414.155, 414.16, 414.20, 414.21,

19  414.22, 414.225, 414.23, 414.24, 414.27, 414.32, 414.35,

20  414.38, 414.391, 414.392, 414.44, and 414.70, Florida

21  Statutes, be held confidential and exempt from the public

22  records and public meetings laws for the following reasons:

23         (a)  The state has compelling interests in ensuring

24  that individuals eligible for cash assistance enter into and

25  fully participate in WAGES programs to assist them in

26  attaining self-sufficiency, including programs to deal with

27  problems such as illiteracy, substance abuse, and mental

28  health.  The fear of public disclosure of personal information

29  by participants in temporary cash assistance programs and by

30  their children constitutes a significant disincentive for

31  their full participation in programs to assist in the


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                                          HB 1575, First Engrossed



  1  development of independence and makes more difficult the

  2  development of a sense of self-worth that is essential to the

  3  process of moving towards independence.

  4         (b)  The state has compelling interests in ensuring

  5  that meetings concerning cash assistance cases be able to

  6  consider information regarding eligibility for cash

  7  assistance, hardship exemption, extension of time limits, and

  8  other provisions of the program that may require information

  9  from many sources, much of which is subject to federal and

10  state confidentiality laws.

11         (c)  The state has a compelling interest in protecting

12  the children of families receiving cash assistance and

13  participating in related intervention programs from the trauma

14  of public disclosure of personal information.

15         (d)  The state has a compelling interest in the

16  protection of victims of domestic violence.  Among recipients

17  of cash assistance are victims of domestic violence who may be

18  traumatized or placed in danger by public disclosure of their

19  identity, personal address, or other personal information.

20         (2)  Therefore, for the reasons stated in this section,

21  the Legislature finds that it is a public necessity that the

22  access to records and meetings which discuss personal

23  information of recipients of temporary cash assistance shall

24  be limited as provided for in this act.

25         Section 3.  This act shall take effect upon becoming a

26  law.

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