Senate Bill 2470c1

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    Florida Senate - 1999                           CS for SB 2470

    By the Committee on Commerce and Economic Opportunities; and
    Senator Kirkpatrick




    310-1953-99

  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 portions of certain meetings of the

  6         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         repealing s. 414.29, F.S., which provides for

24         certain records relating to recipients of

25         temporary cash assistance to be public records;

26         providing an effective date.

27

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

29

30         Section 1.  Section 414.295, Florida Statutes, is

31  created to read:

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    Florida Senate - 1999                           CS for SB 2470
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  1         414.295  Temporary cash assistance programs;

  2  safeguarding information.--

  3         (1)  MEETINGS EXEMPT FROM PUBLIC MEETINGS LAW.--Those

  4  portions of a meeting held by the Department of Children and

  5  Family Services, the Department of Labor and Employment

  6  Security, the Department of Health, the Department of Revenue,

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

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

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

10  414.028, s. 414.030, s. 414.055, s. 414.065, s. 414.075, s.

11  414.085, s. 414.095, s. 414.105, s. 414.115, s. 414.125, s.

12  414.13, s. 414.15, s. 414.155, s. 414.16, s. 414.20, s.

13  414.21, s. 414.22, s. 414.225, s. 414.23, s. 414.24, s.

14  414.27, s. 414.32, s. 414.35, s. 414.38, s. 414.391, s.

15  414.392, s. 414.44, or s. 414.70, at which information is

16  discussed which identifies individuals who are receiving

17  temporary cash assistance shall be confidential and exempt

18  from the requirements of s. 286.011 and s. 24(b), Art. I of

19  the State Constitution. This exemption is made in accordance

20  with the requirements of federal law under s. 402 of the

21  Social Security Act, as amended (42 U.S.C. 602), and is not

22  subject to repeal under s. 119.15.

23         (2)  INFORMATION EXEMPT FROM PUBLIC RECORDS

24  LAW.--Information that identifies individuals who are

25  receiving temporary cash assistance in records acquired by the

26  Department of Children and Family Services, the Department of

27  Labor and Employment Security, the Department of Health, the

28  Department of Revenue, the WAGES Program State Board of

29  Directors, or local WAGES coalitions, or service providers

30  under contract to any of these entities, pursuant to the

31  implementation of s. 414.027, s. 414.028, s. 414.030, s.

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  1  414.055, s. 414.065, s. 414.075, s. 414.085, s. 414.095, s.

  2  414.105, s. 414.115, s. 414.125, s. 414.13, s. 414.15, s.

  3  414.155, s. 414.16, s. 414.20, s. 414.21, s. 414.22, s.

  4  414.225, s. 414.23, s. 414.24, s. 414.27, s. 414.32, s.

  5  414.35, s. 414.38, s. 414.391, s. 414.392, s. 414.44, or s.

  6  414.70, is confidential and exempt from the public records

  7  requirements of s. 119.07(1) and s. 24(a), Art. I of the State

  8  Constitution. This exemption is made in accordance with the

  9  requirements of federal law under s. 402 of the Social

10  Security Act, as amended, 42 U.S.C. 602, and is not subject to

11  repeal under s. 119.15.

12         (3)  RELEASE OF INFORMATION AUTHORIZED FOR SPECIFIED

13  PURPOSES.--Identifying information made confidential and

14  exempt pursuant to this section may be released for purposes

15  directly connected with:

16         (a)  The administration of the temporary assistance for

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

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

19  within and among the Department of Children and Family

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

21  Department of Health, the Department of Revenue, the WAGES

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

23  service providers under contract to any of these entities.

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

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

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

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

28  Social Security Act, as amended.

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

30  civil proceeding conducted in connection with the

31  administration of any of the plans or programs specified in

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

  2  to disclose the current address of a program recipient to a

  3  federal, state, or local law enforcement officer at his or her

  4  request.  Such information shall be disclosed only to law

  5  enforcement officers who provide the name of the recipient and

  6  satisfactorily demonstrate that:

  7         1.  The recipient:

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

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

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

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

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

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

14  that state;

15         b.  Is violating a condition of probation or parole

16  imposed under federal or state law; or

17         c.  Has information that is necessary for the officer

18  to conduct the official duties of the officer.

19         2.  The location or apprehension of the individual is

20  within the law officer's official duties; and

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

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

23  proper exercise of those duties.

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

25  federally assisted program that provides assistance, in cash

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

27  of need.

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

29  expenditure reports or financial review, conducted in

30  connection with the administration of any of the plans or

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

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  1  governmental entity that is authorized by law to conduct such

  2  audit or activity.

  3         (f)  The administration of the unemployment

  4  compensation program.

  5         (g)  The reporting to the appropriate agency or

  6  official of information about known or suspected instances of

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

  8  negligent treatment or maltreatment of a child receiving

  9  assistance, under circumstances that indicate that the child's

10  health or welfare is threatened.

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12  Disclosure or publication of any information or lists that

13  identify by name or address any program recipient, to any

14  federal, state, or local committee or legislative body other

15  than in connection with any activity under this subsection, is

16  prohibited.

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

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

19  confidential information concerning individuals receiving

20  temporary cash assistance may be made only under a protocol

21  that maintains standards of confidentiality which are

22  comparable to those that apply to the department.  Local WAGES

23  coalitions and their employees and contract providers shall

24  meet the same standards of confidentiality as those that apply

25  to the department.  With regard to the information made

26  confidential in this section, the state agencies charged by

27  law to implement the WAGES Program may receive the

28  information.

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

30  case record of a program recipient or for any agency

31  representative to testify concerning information about a

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    Florida Senate - 1999                           CS for SB 2470
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  1  recipient rendered confidential by this section, the public

  2  record or part thereof in question shall be submitted to the

  3  court for an inspection in camera.  An inspection in camera

  4  shall be discretionary with the court, and the court may make

  5  such provisions as it finds necessary to maintain appropriate

  6  confidentiality.

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

  8  program recipients through an integrated eligibility process

  9  such that the requirements of more than one state or federal

10  program apply to the information, the requirements of the

11  program that is the provider of the information shall prevail.

12  If the department cannot determine which program is the

13  provider of the information, the requirements of each

14  applicable state or federal program shall be met.

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

16  public necessity that the records and meetings held pursuant

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

18  414.055, 414.065, 414.075, 414.085, 414.095, 414.105, 414.115,

19  414.125, 414.13, 414.15, 414.155, 414.16, 414.20, 414.21,

20  414.22, 414.225, 414.23, 414.24, 414.27, 414.32, 414.35,

21  414.38, 414.391, 414.392, 414.44, and 414.70, Florida

22  Statutes, be held confidential and exempt from the public

23  records and public meetings laws for the following reasons:

24         (a)  The state has compelling interests in ensuring

25  that individuals eligible for temporary cash assistance enter

26  into and fully participate in WAGES Programs to assist them in

27  attaining self-sufficiency, including programs to deal with

28  problems such as illiteracy, substance abuse, and mental

29  health.  The fear of public disclosure of personal information

30  by participants in temporary cash assistance programs and by

31  their children constitutes a significant disincentive for

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    Florida Senate - 1999                           CS for SB 2470
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  1  their full participation in programs to assist in the

  2  development of independence and makes more difficult the

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

  4  process of moving towards independence.

  5         (b)  The state has compelling interests in ensuring

  6  that meetings concerning temporary cash assistance cases be

  7  able to consider information regarding eligibility for cash

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

  9  other provisions of the program that may require information

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

11  state confidentiality laws.

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

13  the children of families receiving temporary cash assistance

14  and participating in related intervention programs from the

15  trauma of public disclosure of personal information.

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

17  protection of victims of domestic violence.  Among recipients

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

19  traumatized or placed in danger by public disclosure of their

20  identity, personal address, or other personal information.

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

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

23  access to records that contain and the meetings at which are

24  discussed personal information of recipients of temporary cash

25  assistance shall be limited as provided for in this act.

26         Section 3.  Section 414.29, Florida Statutes, is

27  repealed.

28         Section 4.  This act shall take effect upon becoming a

29  law.

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    Florida Senate - 1999                           CS for SB 2470
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2470

  3

  4  Clarifies that the "individuals," who provide the basis for
    holding records and meetings confidential under this committee
  5  substitute, are individuals who are receiving temporary cash
    assistance.
  6
    Provides that only those portions of a meeting at which
  7  confidential information is discussed are exempt from the
    public meeting requirements.
  8
    Provides that the public records exemption provided for in
  9  this committee substitute is not subject to repeal under the
    "Open Government Sunset Review Act of 1995."
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    Includes the exemptions to public meetings within the scope of
11  the statement of public necessity justifying the exemptions.

12  Repeals s. 414.29, F.S., a conflicting public records
    provision.
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