House Bill hb1385
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Florida House of Representatives - 2001 HB 1385
By Representative Joyner
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 meeting, or portion thereof, of the
6 Department of Children and Family Services,
7 Agency for Workforce Innovation, Workforce
8 Florida, Inc., Department of Management
9 Services, Department of Health, Department of
10 Revenue, Department of Education, or a regional
11 workforce board, or their contract service
12 providers, at which certain identifying
13 information regarding temporary assistance
14 programs, which is restricted pursuant to
15 requirements of federal law, is discussed;
16 providing an exemption from public records
17 requirements for certain identifying
18 information in such entities' records of such
19 programs; authorizing release of confidential
20 information for specified purposes; providing
21 procedures for release of information under
22 specified circumstances; providing a finding of
23 public necessity; 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 assistance programs; safeguarding
30 information.--
31
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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 Agency for Workforce Innovation,
4 Workforce Florida, Inc., the Department of Management
5 Services, the Department of Health, the Department of Revenue,
6 the Department of Education, or a regional workforce board, or
7 service providers under contract to any of these entities,
8 pursuant to the implementation of ss. 414.045, 414.065,
9 414.0655, 414.075, 414.085, 414.095, 414.105, 414.115,
10 414.122, 414.125, 414.13, 414.157, 414.158, 414.1585,
11 414.1599, 414.16, 414.24, 414.26, 414.27, 414.32, 414.35,
12 414.391, 414.392, 414.70, 445.004, 445.005, 445.006, 445.007,
13 445.008, 445.009, 445.010, 445.011, 445.012, 445.013, 445.017,
14 445.019, 445.020, 445.021, 445.022, 445.023, 445.024, 445.025,
15 445.026, 445.028, 445.029, 445.030, 445.031, and 445.032, at
16 which information is discussed which identifies individuals
17 who have applied for or are receiving temporary assistance,
18 shall be confidential and exempt from the requirements of s.
19 286.011 and s. 24(b), Art. I of the State Constitution. This
20 exemption is made in accordance with the requirements of
21 federal law under s. 402 of the Social Security Act, as
22 amended, 42 U.S.C. 602, and is not subject to repeal under s.
23 119.15.
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 Agency for Workforce Innovation, Workforce
28 Florida, Inc., the Department of Management Services, the
29 Department of Health, the Department of Revenue, the
30 Department of Education, or regional workforce boards, or
31 service providers under contract to any of these entities,
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Florida House of Representatives - 2001 HB 1385
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1 pursuant to the implementation of ss. 414.045, 414.065,
2 414.0655, 414.075, 414.085, 414.095, 414.105, 414.115,
3 414.122, 414.125, 414.13, 414.157, 414.158, 414.1585,
4 414.1599, 414.16, 414.24, 414.26, 414.27, 414.32, 414.35,
5 414.391, 414.392, 414.70, 445.004, 445.005, 445.006, 445.007,
6 445.008, 445.009, 445.010, 445.011, 445.012, 445.013, 445.017,
7 445.019, 445.020, 445.021, 445.022, 445.023, 445.024, 445.025,
8 445.026, 445.028, 445.029, 445.030, 445.031, and 445.032, is
9 confidential and exempt from the requirements of s. 119.07(1)
10 and s. 24(a), Art. I of the State Constitution. This exemption
11 is made in accordance with the requirements of federal law
12 under s. 402 of the Social Security Act, as amended, 42 U.S.C.
13 602, and is not subject to repeal under s. 119.15.
14 (3) RELEASE OF INFORMATION AUTHORIZED FOR SPECIFIED
15 PURPOSES.--Identifying information made confidential and
16 exempt pursuant to this section may be released for purposes
17 directly connected with:
18 (a) The administration of the temporary assistance for
19 needy families plan under Title IV-A of the Social Security
20 Act, as amended, which may include disclosure of information
21 within and among the Department of Children and Family
22 Services, the Agency for Workforce Innovation, Workforce
23 Florida, Inc., the Department of Management Services, the
24 Department of Health, the Department of Revenue, the
25 Department of Education, or a regional workforce board, or
26 service providers under contract to any of these entities.
27 (b) The administration of the state's plan or program
28 approved under Title IV-B, Title IV-D, or Title IV-E of the
29 Social Security Act, as amended, or under Title I, Title X,
30 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
31 Social Security Act, as amended.
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1 (c) Any investigation, prosecution, or criminal or
2 civil proceeding conducted in connection with the
3 administration of any of the plans or programs specified in
4 paragraph (a) or paragraph (b). The department has authority
5 to disclose the current address of a program applicant or
6 recipient to a federal, state, or local law enforcement
7 officer at his or her request. Such information shall be
8 disclosed only to law enforcement officers who provide the
9 name of the applicant or recipient and satisfactorily
10 demonstrate that:
11 1. The applicant or recipient:
12 a. Is fleeing to avoid prosecution, or custody or
13 confinement after conviction, under the laws of the place from
14 which the individual flees, for a crime, or an attempt to
15 commit a crime, which is a felony under the laws of the place
16 from which the individual flees, or which, in the case of the
17 State of New Jersey, is a high misdemeanor under the laws of
18 such state;
19 b. Is violating a condition of probation or parole
20 imposed under federal or state law; or
21 c. Has information that is necessary for the officer
22 to conduct the official duties of the officer.
23 2. The location or apprehension of the individual is
24 within the law officer's official duties; and
25 3. The request is made in the proper exercise of those
26 duties. However, the information may only be used within the
27 proper exercise of those duties.
28 (d) The administration of any other state, federal, or
29 federally assisted program which provides assistance, in cash
30 or in kind, or services, directly to individuals on the basis
31 of need.
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1 (e) Any audit or similar activity, such as a review of
2 expenditure reports or financial review, conducted in
3 connection with the administration of any of the plans or
4 programs specified in paragraph (a) or paragraph (b), by any
5 governmental entity which is authorized by law to conduct such
6 audit or activity.
7 (f) The administration of the unemployment
8 compensation program.
9 (g) The reporting to the appropriate agency or
10 official of information about known or suspected instances of
11 physical or mental injury, sexual abuse or exploitation, or
12 negligent treatment or maltreatment of a child or elderly
13 person receiving assistance, under circumstances which
14 indicate that the child's or elderly person's health or
15 welfare is threatened.
16 (h) The administration of services to elderly persons
17 under ss. 430.601-430.606.
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19 Disclosure or publication of any information or lists that
20 identify by name or address any program applicant or
21 recipient, to any federal, state, or local committee or
22 legislative body other than in connection with any activity
23 under this subsection, is prohibited.
24 (4) PROCEDURES FOR RELEASE OF CERTAIN INFORMATION.--
25 (a) Except under court order, the release or use of
26 confidential information concerning individuals applying for
27 or receiving temporary assistance may only be made under a
28 protocol that maintains standards of confidentiality which are
29 comparable to those that apply to the department. Regional
30 workforce boards and their employees and contract providers
31 shall meet the same standards of confidentiality as those that
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1 apply to the department. With regard to the information made
2 confidential in this section, the state agencies charged by
3 law to implement the welfare transition program may receive
4 the information.
5 (b) In the event of the issuance of a subpoena for the
6 case record of a program applicant or recipient or for any
7 agency representative to testify concerning information about
8 an applicant or recipient rendered confidential by this
9 section, the public record or part thereof in question shall
10 be submitted to the court for an inspection in camera. An
11 inspection in camera shall be discretionary with the court,
12 and the court may make such provisions as it finds necessary
13 to maintain appropriate confidentiality.
14 (c) In the event that information is obtained from
15 program applicants or recipients through an integrated
16 eligibility process such that the requirements of more than
17 one state or federal program apply to the information, the
18 requirements of the program that is the provider of the
19 information shall prevail. If the department cannot determine
20 which program is the provider of the information, the
21 requirements of each applicable state or federal program shall
22 be met.
23 Section 2. (1) The Legislature finds that it is a
24 public necessity that the records and meetings held pursuant
25 to the implementation of ss. 414.045, 414.065, 414.0655,
26 414.075, 414.085, 414.095, 414.105, 414.115, 414.122, 414.125,
27 414.13, 414.157, 414.158, 414.1585, 414.1599, 414.16, 414.24,
28 414.26, 414.27, 414.32, 414.35, 414.391, 414.392, 414.70,
29 445.004, 445.005, 445.006, 445.007, 445.008, 445.009, 445.010,
30 445.011, 445.012, 445.013, 445.017, 445.019, 445.020, 445.021,
31 445.022, 445.023, 445.024, 445.025, 445.026, 445.028, 445.029,
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1 445.030, 445.031, and 445.032, Florida Statutes, be held
2 confidential and exempt from the public records and public
3 meetings laws for the following reasons:
4 (a) The state has compelling interests in ensuring
5 that individuals eligible for assistance enter into and fully
6 participate in welfare transition programs to assist them in
7 attaining self-sufficiency, including programs to deal with
8 problems such as illiteracy, substance abuse, and mental
9 health. The fear of public disclosure of personal information
10 by applicants for and participants in temporary assistance
11 programs and by their children constitutes a significant
12 disincentive for their full participation in programs to
13 assist in the development of independence and makes more
14 difficult the development of a sense of self-worth that is
15 essential to the process of moving towards independence.
16 (b) The state has compelling interests in ensuring
17 that meetings concerning assistance cases be able to consider
18 information regarding eligibility for assistance, hardship
19 exemption, extension of time limits, and other provisions of
20 the program that may require information from many sources,
21 much of which is subject to federal and state confidentiality
22 laws.
23 (c) The state has a compelling interest in protecting
24 the children of families applying for or receiving assistance
25 or participating in related intervention programs from the
26 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 assistance are victims of domestic
30 violence who may be traumatized or placed in danger by public
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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
7 assistance shall be limited as provided for in this act.
8 Section 3. This act shall take effect upon becoming a
9 law.
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12 HOUSE SUMMARY
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Provides an exemption from public meetings requirements
14 for any meeting, or portion thereof, of the Department of
Children and Family Services, Agency for Workforce
15 Innovation, Workforce Florida, Inc., Department of
Management Services, Department of Health, Department of
16 Revenue, Department of Education, or a regional workforce
board, or their contract service providers, at which
17 certain identifying information regarding temporary
assistance programs, which is restricted pursuant to
18 requirements of federal law, is discussed. Provides an
exemption from public records requirements for certain
19 identifying information in such entities' records of such
programs. Authorizes release of confidential information
20 for specified purposes and provides procedures for
release of information under specified circumstances.
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