House Bill hb1385c1

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    Florida House of Representatives - 2001             CS/HB 1385

        By the Committee on State Administration and
    Representatives Joyner, Richardson, Cusack,
    Bendross-Mindingall, Smith, Bullard, Holloway and Henriquez




  1                      A bill to be entitled

  2         An act relating to public meetings and public

  3         records; creating s. 414.106, F.S.; providing

  4         an exemption from public meetings requirements

  5         for meetings or portions of meetings held by

  6         the Department of Children and Family Services,

  7         Workforce Florida, Inc., a regional workforce

  8         board, or a local committee at which personal

  9         identifying information contained in records

10         relating to temporary cash assistance which

11         identifies a participant, participant's family,

12         or participant's family or household member is

13         discussed; creating s. 414.295, F.S.; providing

14         an exemption from public records requirements

15         for personal identifying information contained

16         in records relating to temporary cash

17         assistance which identifies a participant,

18         participant's family, or participant's family

19         or household member held by the Department of

20         Children and Family Services, the Agency for

21         Workforce Innovation, Workforce Florida, Inc.,

22         the Department of Management Services, the

23         Department of Health, the Department of

24         Revenue, the Department of Education, a

25         regional workforce board, a local committee, or

26         service providers under contract with any of

27         these entities; authorizing release of such

28         information under specified circumstances;

29         amending s. 445.007, F.S.; providing an

30         exemption from public meetings requirements for

31         meetings or portions of meetings held by

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  1         Workforce Florida, Inc., a regional workforce

  2         board, or a local committee at which personal

  3         identifying information contained in records

  4         relating to temporary cash assistance which

  5         identifies a participant, participant's family,

  6         or participant's family or household member is

  7         discussed; providing for future review and

  8         repeal; providing a finding of public

  9         necessity; providing an effective date.

10

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

12

13         Section 1.  Section 414.106, Florida Statutes, is

14  created to read:

15         414.106  Exemption from public meetings law.--Any

16  meeting or portion of a meeting held by the department,

17  Workforce Florida, Inc., or a regional workforce board or

18  local committee created pursuant to s. 445.007 at which

19  personal identifying information contained in records relating

20  to temporary cash assistance is discussed is exempt from s.

21  286.011 and s. 24(b), Art. I of the State Constitution if the

22  information identifies a participant, a participant's family,

23  or a participant's family or household member. This section is

24  subject to the Open Government Sunset Review Act of 1995 in

25  accordance with s. 119.15, and shall stand repealed on October

26  2, 2006, unless reviewed and saved from repeal through

27  reenactment by the Legislature.

28         Section 2.  Section 414.295, Florida Statutes, is

29  created to read:

30         414.295  Temporary assistance programs; public records

31  exemption.--

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  1         (1)  Personal identifying information contained in

  2  records relating to temporary cash assistance which identifies

  3  a participant, a participant's family, or a participant's

  4  family or household member, except for information identifying

  5  a noncustodial parent, and which is held by the department,

  6  the Agency for Workforce Innovation, Workforce Florida, Inc.,

  7  the Department of Management Services, the Department of

  8  Health, the Department of Revenue, the Department of

  9  Education, a regional workforce board or local committee

10  created pursuant to s. 445.007, or service providers under

11  contract with any of these entities shall be held confidential

12  and exempt from the requirements of s. 119.07(1) and s. 24(a),

13  Art. I of the State Constitution. Such information made

14  confidential and exempt may be released for purposes directly

15  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, the Agency for Workforce

20  Innovation, Workforce Florida, Inc., the Department of

21  Management Services, the Department of Health, the Department

22  of Revenue, the Department of Education, a regional workforce

23  board or local committee created pursuant to s. 445.007, or

24  service providers under contract with any of these entities.

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

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

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

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

29  Social Security Act, as amended.

30         (c)  Any investigation, prosecution, or any criminal,

31  civil, or administrative proceeding conducted in connection

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  1  with the administration of any of the plans or programs

  2  specified in paragraph (a) or paragraph (b). Such information

  3  shall be disclosed to a federal, state, or local governmental

  4  entity, upon request by that entity, when such request is made

  5  pursuant to the proper exercise of that entity's duties and

  6  responsibilities.

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

  8  federally assisted program that provides assistance or

  9  services on the basis of need, in cash or in kind, directly to

10  a participant.

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

12  expenditure reports or financial review, conducted in

13  connection with the administration of any of the plans or

14  programs specified in paragraph (a) or paragraph (b) by a

15  governmental entity authorized by law to conduct such audit or

16  activity.

17         (f)  The administration of the unemployment

18  compensation program.

19         (g)  The reporting to the appropriate agency or

20  official of information about known or suspected instances of

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

22  negligent treatment or maltreatment of a child or elderly

23  person receiving assistance, if circumstances indicate that

24  the health or welfare of the child or elderly person is

25  threatened.

26         (h)  The administration of services to elderly persons

27  under ss. 430.601-430.606.

28         (2)  If a subpoena is received for any information made

29  confidential and exempt by this section, the public record or

30  part thereof in question shall be submitted to the court for

31  an inspection in camera. The court may make such provision as

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  1  it finds necessary to maintain appropriate confidentiality.

  2  Except pursuant to court order, the receiving entities shall

  3  retain the confidential and exempt status of such personal

  4  identifying information as otherwise provided for in this

  5  section.

  6         (3)  If information is obtained from a participant

  7  through an integrated eligibility process so that the

  8  requirements of more than one state or federal program apply

  9  to the information, the requirements of the program that is

10  the provider of the information shall prevail. If the

11  department cannot determine which program is the provider of

12  the information, the requirements of each applicable state or

13  federal program shall be met.

14         (4)  This section is subject to the Open Government

15  Sunset Review Act of 1995 in accordance with s. 119.15, and

16  shall stand repealed on October 2, 2006, unless reviewed and

17  saved from repeal through reenactment by the Legislature.

18         Section 3.  Subsection (12) is added to section

19  445.007, Florida Statutes, to read:

20         445.007  Regional workforce boards; exemption from

21  public meetings law.--

22         (12)  Any meeting or portion of a meeting held by

23  Workforce Florida, Inc., or a regional workforce board or

24  local committee created under this section at which personal

25  identifying information contained in records relating to

26  temporary cash assistance, as defined in s. 414.0252, is

27  discussed is exempt from s. 286.011 and s. 24(b), Art. I of

28  the State Constitution if the information identifies a

29  participant, a participant's family, or a participant's family

30  or household member, as defined in s. 414.0252. This

31  subsection is subject to the Open Government Sunset Review Act

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  1  of 1995 in accordance with s. 119.15, and shall stand repealed

  2  on October 2, 2006, unless reviewed and saved from repeal

  3  through reenactment by the Legislature.

  4         Section 4.  The Legislature finds that the exemptions

  5  created by this act are a public necessity because the state

  6  has a compelling interest to ensure that the participants and

  7  their families or family and household members for whom the

  8  exemptions are created fully participate in welfare transition

  9  programs in order to assist them in attaining

10  self-sufficiency, including programs to deal with problems

11  such as illiteracy, substance abuse, and mental health. The

12  fear of public disclosure of personal identifying information

13  at the meetings exempted by this act and contained in the

14  records exempted by this act constitutes a significant

15  disincentive for their full participation in programs that

16  assist in the development of independence and makes the

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

18  development of independence more difficult. The state also has

19  a compelling interest to ensure that in meetings concerning

20  assistance cases, the parties present are able to consider

21  information regarding eligibility for assistance, hardship

22  exemption, extension of time limits, and other provisions of

23  the program which may require information from many sources.

24  The state has a compelling interest to protect the family and

25  household members of participants applying for or receiving

26  assistance or participating in related intervention programs

27  from the trauma of public disclosure of their financial

28  situations. In addition, the state has a compelling interest

29  to hold certain meetings exempt and certain information

30  confidential and exempt in order to protect participants who

31  are victims of domestic violence.

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  1         Section 5.  This act shall take effect upon becoming a

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