Senate Bill sb2178
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Florida Senate - 2001 SB 2178
By Senator Peaden
1-1176-01
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 the Agency for Workforce Innovation, Workforce
8 Florida, Inc., The Department of Management
9 Services, the Department of Health, the
10 Department of Revenue, the Department of
11 Education, or a regional workforce board, or
12 their contract service providers, at which
13 certain identifying information regarding
14 temporary cash assistance programs, which is
15 restricted pursuant to requirements of federal
16 law, is discussed; providing an exemption from
17 public records requirements for certain
18 identifying information in such entities'
19 records of such programs; authorizing release
20 of confidential information for specified
21 purposes; providing a prohibition; providing
22 procedures for release of information under
23 specified circumstances; providing a finding of
24 public necessity; providing an 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.--
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Florida Senate - 2001 SB 2178
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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 s. 414.045, s. 414.065, s.
9 414.0655, s. 414.075, s. 414.085, s. 414.095, s. 414.105, s.
10 414.115, s. 414.122, s. 414.125, s. 414.13, s. 414.157, s.
11 414.158, s. 414.1585, s. 414.1599, s. 414.16, s. 414.24, s.
12 414.26, s. 414.27, s. 414.32, s. 414.35, s. 414.391, s.
13 414.392, s. 414.70, s. 445.004, s. 445.005, s. 445.006, s.
14 445.007, s. 445.008, s. 445.009, s. 445.010, s. 445.011, s.
15 445.012, s. 445.013, s. 445.017, s. 445.019, s. 445.020, s.
16 445.021, s. 445.022, s. 445.023, s. 445.024, s. 445.025, s.
17 445.026, s. 445.028, s. 445.029, s. 445.030, s. 445.031, and
18 s. 445.032 at which information is discussed which identifies
19 individuals who have applied for or are receiving temporary
20 assistance shall be confidential and exempt from the
21 requirements of s. 286.011 and s. 24(b), Art. I of the State
22 Constitution. This exemption is made in accordance with the
23 requirements of federal law under s. 402 of the Social
24 Security Act, as amended, (42 U.S.C. 602) and is not subject
25 to repeal under s. 119.15.
26 (2) INFORMATION EXEMPT FROM PUBLIC RECORDS
27 LAW.--Information that identifies individuals in records held
28 by or acquired by the Department of Children and Family
29 Services, the Agency for Workforce Innovation, Workforce
30 Florida, Inc., the Department of Management Services, the
31 Department of Health, the Department of Revenue, the
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Florida Senate - 2001 SB 2178
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1 Department of Education, or regional workforce boards, or
2 service providers under contract to any of these entities,
3 pursuant to the implementation of s. 414.045, s. 414.065, s.
4 414.0655, s. 414.075, s. 414.085, s. 414.095, s. 414.105, s.
5 414.115, s. 414.122, s. 414.125, s. 414.13, s. 414.157, s.
6 414.158, s. 414.1585, s. 414.1599, s. 414.16, s. 414.24, s.
7 414.26, s. 414.27, s. 414.32, s. 414.35, s. 414.391, s.
8 414.392, s. 414.70, s. 445.004, s. 445.005, s. 445.006, s.
9 445.007, s. 445.008, s. 445.009, s. 445.010, s. 445.011, s.
10 445.012, s. 445.013, s. 445.017, s. 445.019, s. 445.020, s.
11 445.021, s. 445.022, s. 445.023, s. 445.024, s. 445.025, s.
12 445.026, s. 445.028, s. 445.029, s. 445.030, s. 445.031, and
13 s. 445.032 is confidential and exempt from the public records
14 requirements of s. 119.07(1) and s. 24(a), Art. I of the State
15 Constitution. This exemption is made in accordance with the
16 requirements of federal law under s. 402 of the Social
17 Security Act, as amended, (42 U.S.C. 602) and is not subject
18 to repeal under s. 119.15.
19 (3) RELEASE OF INFORMATION AUTHORIZED FOR SPECIFIED
20 PURPOSES.--Identifying information made confidential and
21 exempt pursuant to this section may be released for purposes
22 directly connected with:
23 (a) The administration of the temporary assistance for
24 needy families plan under Title IV-A of the Social Security
25 Act, as amended, which may include disclosure of information
26 within and among 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 a regional workforce board, or
31 service providers under contract to any of these entities.
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1 (b) The administration of the state's plan or program
2 approved under Title IV-B, Title IV-D, or Title IV-E of the
3 Social Security Act, as amended, or under Title I, Title X,
4 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
5 Social Security Act, as amended.
6 (c) Any investigation, prosecution, or criminal or
7 civil proceeding conducted in connection with the
8 administration of any of the plans or programs specified in
9 paragraph (a) or paragraph (b). The department may disclose
10 the current address of a program applicant or recipient to a
11 federal, state, or local law enforcement officer at his or her
12 request. Such information shall be disclosed only to law
13 enforcement officers who provide the name of the applicant or
14 recipient and satisfactorily demonstrate that:
15 1. The applicant or recipient:
16 a. Is fleeing to avoid prosecution, or custody or
17 confinement after conviction, under the laws of the place from
18 which the individual flees, for a crime, or an attempt to
19 commit a crime, which is a felony under the laws of the place
20 from which the individual flees, or which, in the case of the
21 State of New Jersey, is a high misdemeanor under the laws of
22 such state;
23 b. Is violating a condition of probation or parole
24 imposed under federal or state law; or
25 c. Has information that is necessary for the officer
26 to conduct the official duties of the officer.
27 2. The location or apprehension of the individual is
28 within the law officer's official duties; and
29 3. The request is made in the proper exercise of those
30 duties. However, the information may only be used within the
31 proper exercise of those duties.
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1 (d) The administration of any other state, federal, or
2 federally assisted program that provides assistance, in cash
3 or in kind, or services, directly to individuals on the basis
4 of need.
5 (e) Any audit or similar activity, such as a review of
6 expenditure reports or financial review, conducted in
7 connection with the administration of any of the plans or
8 programs specified in paragraph (a) or paragraph (b), by any
9 governmental entity that is authorized by law to conduct such
10 audit or activity.
11 (f) The administration of the unemployment
12 compensation program.
13 (g) The reporting to the appropriate agency or
14 official of information about known or suspected instances of
15 physical or mental injury, sexual abuse or exploitation, or
16 negligent treatment or maltreatment of a child or elderly
17 person receiving assistance, under circumstances that indicate
18 that the child's or elderly person's health or welfare is
19 threatened.
20 (h) The administration of services to elderly persons
21 under ss. 430.601-430.606.
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23 Disclosure or publication of any information or lists that
24 identify by name or address any program applicant or
25 recipient, to any federal, state, or local committee or
26 legislative body other than in connection with any activity
27 under this subsection, is prohibited.
28 (4) PROCEDURES FOR RELEASE OF CERTAIN INFORMATION.--
29 (a) Except under court order, the release or use of
30 confidential information concerning individuals applying for
31 or receiving temporary cash assistance may be made only under
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1 a protocol that maintains standards of confidentiality that
2 are comparable to those that apply to the department. Regional
3 workforce boards and their employees and contract providers
4 shall meet the same standards of confidentiality as those that
5 apply to the department. With regard to the information made
6 confidential in this section, the state agencies charged by
7 law to implement the welfare transition program may receive
8 the information.
9 (b) In the event of the issuance of a subpoena for the
10 case record of a program applicant or recipient or for any
11 agency representative to testify concerning information about
12 an applicant or recipient rendered confidential by this
13 section, the public record or part thereof in question shall
14 be submitted to the court for an inspection in camera. An
15 inspection in camera shall be discretionary with the court,
16 and the court may make such provisions as it finds necessary
17 to maintain appropriate confidentiality.
18 (c) If information is obtained from program applicants
19 or recipients through an integrated eligibility process such
20 that the requirements of more than one state or federal
21 program apply to the information, the requirements of the
22 program that is the provider of the information shall prevail.
23 If the department cannot determine which program is the
24 provider of the information, the requirements of each
25 applicable state or federal program shall be met.
26 Section 2. (1) The Legislature finds that it is a
27 public necessity that the records and meetings held pursuant
28 to the implementation of sections 414.045, 414.065, 414.0655,
29 414.075, 414.085, 414.095, 414.105, 414.115, 414.122, 414.125,
30 414.13, 414.157, 414.158, 414.1585, 414.1599, 414.16, 414.24,
31 414.26, 414.27, 414.32, 414.35, 414.391, 414.392, 414.70,
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1 445.004, 445.005, 445.006, 445.007, 445.008, 445.009, 445.010,
2 445.011, 445.012, 445.013, 445.017, 445.019, 445.020, 445.021,
3 445.022, 445.023, 445.024, 445.025, 445.026, 445.028, 445.029,
4 445.030, 445.031, and 445.032, Florida Statutes, be held
5 confidential and exempt from the public records and public
6 meetings laws for the following reasons:
7 (a) The state has compelling interests in ensuring
8 that individuals eligible for cash assistance enter into and
9 fully participate in welfare transition programs to assist
10 them in attaining self-sufficiency, including programs to deal
11 with problems such as illiteracy, substance abuse, and mental
12 health. The fear of public disclosure of personal information
13 by applicants for and participants in temporary cash
14 assistance programs and by their children constitutes a
15 significant disincentive for their full participation in
16 programs to assist in the development of independence and
17 makes more difficult the development of a sense of self-worth
18 that is essential to the process of moving towards
19 independence.
20 (b) The state has compelling interests in ensuring
21 that meetings concerning cash assistance cases be able to
22 consider information regarding eligibility for cash
23 assistance, hardship exemption, extension of time limits, and
24 other provisions of the program that may require information
25 from many sources, much of which is subject to federal and
26 state confidentiality laws.
27 (c) The state has a compelling interest in protecting
28 the children of families applying for or receiving cash
29 assistance or participating in related intervention programs
30 from the trauma of public disclosure of personal information.
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1 (d) The state has a compelling interest in the
2 protection of victims of domestic violence. Among applicants
3 for and recipients of cash assistance are victims of domestic
4 violence who may be traumatized or placed in danger by public
5 disclosure of their identity, personal address, or other
6 personal information.
7 (2) Therefore, for the reasons stated in this section,
8 the Legislature finds that it is a public necessity that the
9 access to records and meetings that discuss personal
10 information of applicants for or recipients of temporary cash
11 assistance shall be limited as provided for in this act.
12 Section 3. This act shall take effect upon becoming a
13 law.
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16 SENATE SUMMARY
17 Exempts meetings held, and information maintained, by any
of several state agencies as a result of applications
18 for, and receipt of, assistance and services, which
meetings and records are made confidential under federal
19 law. Authorizes release of certain information for
specific purposes. Provides findings of public necessity
20 for maintaining the confidentiality of such information.
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