Senate Bill sb2178c1
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Florida Senate - 2001 CS for SB 2178
By the Committee on Children and Families; and Senator Peaden
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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 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; defining the term
20 "temporary assistance"; authorizing release of
21 confidential information for specified
22 purposes; providing a prohibition; providing
23 procedures for release of information under
24 specified circumstances; providing a finding of
25 public necessity; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 414.295, Florida Statutes, is
30 created to read:
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1 414.295 Temporary assistance programs; safeguarding
2 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 Agency for Workforce Innovation,
6 Workforce Florida, Inc., the Department of Management
7 Services, the Department of Health, the Department of Revenue,
8 the Department of Education, or a regional workforce board, or
9 service providers under contract to any of these entities,
10 pursuant to the implementation of s. 414.045, s. 414.065, s.
11 414.0655, s. 414.075, s. 414.085, s. 414.095, s. 414.105, s.
12 414.115, s. 414.122, s. 414.125, s. 414.13, s. 414.157, s.
13 414.158, s. 414.1585, s. 414.1599, s. 414.16, s. 414.24, s.
14 414.26, s. 414.27, s. 414.32, s. 414.35, s. 414.391, s.
15 414.392, s. 414.70, s. 445.004, s. 445.005, s. 445.006, s.
16 445.007, s. 445.008, s. 445.009, s. 445.010, s. 445.011, s.
17 445.012, s. 445.013, s. 445.017, s. 445.019, s. 445.020, s.
18 445.021, s. 445.022, s. 445.023, s. 445.024, s. 445.025, s.
19 445.026, s. 445.028, s. 445.029, s. 445.030, s. 445.031, and
20 s. 445.032 at which information is discussed which identifies
21 individuals who have applied for or are receiving temporary
22 assistance shall be confidential and exempt from the
23 requirements of s. 286.011 and s. 24(b), Art. I of the State
24 Constitution. This exemption is made in accordance with the
25 requirements of federal law under s. 402 of the Social
26 Security Act, as amended, (42 U.S.C. 602) and is not subject
27 to repeal under s. 119.15.
28 (2) INFORMATION EXEMPT FROM PUBLIC RECORDS
29 LAW.--Information that identifies individuals who have applied
30 for or are receiving temporary assistance in records held by
31 or acquired by the Department of Children and Family Services,
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1 the Agency for Workforce Innovation, Workforce Florida, Inc.,
2 the Department of Management Services, the Department of
3 Health, the Department of Revenue, the Department of
4 Education, or regional workforce boards, or service providers
5 under contract to any of these entities, pursuant to the
6 implementation of s. 414.045, s. 414.065, s. 414.0655, s.
7 414.075, s. 414.085, s. 414.095, s. 414.105, s. 414.115, s.
8 414.122, s. 414.125, s. 414.13, s. 414.157, s. 414.158, s.
9 414.1585, s. 414.1599, s. 414.16, s. 414.24, s. 414.26, s.
10 414.27, s. 414.32, s. 414.35, s. 414.391, s. 414.392, s.
11 414.70, s. 445.004, s. 445.005, s. 445.006, s. 445.007, s.
12 445.008, s. 445.009, s. 445.010, s. 445.011, s. 445.012, s.
13 445.013, s. 445.017, s. 445.019, s. 445.020, s. 445.021, s.
14 445.022, s. 445.023, s. 445.024, s. 445.025, s. 445.026, s.
15 445.028, s. 445.029, s. 445.030, s. 445.031, and s. 445.032 is
16 confidential and exempt from the public records requirements
17 of s. 119.07(1) and s. 24(a), Art. I of the State
18 Constitution. This exemption is made in accordance with the
19 requirements of federal law under s. 402 of the Social
20 Security Act, as amended, (42 U.S.C. 602) and is not subject
21 to repeal under s. 119.15.
22 (3) DEFINITION.--As used in this section, the term
23 "temporary assistance" means any cash or services provided
24 with funds from the Temporary Assistance for Needy Families
25 block grant.
26 (4) RELEASE OF INFORMATION AUTHORIZED FOR SPECIFIED
27 PURPOSES.--Identifying information made confidential and
28 exempt pursuant to this section may be released for purposes
29 directly connected with:
30 (a) The administration of the temporary assistance for
31 needy families plan under Title IV-A of the Social Security
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1 Act, as amended, which may include disclosure of information
2 within and among the Department of Children and Family
3 Services, the Agency for Workforce Innovation, Workforce
4 Florida, Inc., the Department of Management Services, the
5 Department of Health, the Department of Revenue, the
6 Department of Education, or a regional workforce board, or
7 service providers under contract to any of these entities.
8 (b) The administration of the state's plan or program
9 approved under Title IV-B, Title IV-D, or Title IV-E of the
10 Social Security Act, as amended, or under Title I, Title X,
11 Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
12 Social Security Act, as amended.
13 (c) Any investigation, prosecution, or criminal or
14 civil proceeding conducted in connection with the
15 administration of any of the plans or programs specified in
16 paragraph (a) or paragraph (b). The department may disclose
17 the current address of a program applicant or recipient to a
18 federal, state, or local law enforcement officer at his or her
19 request. Such information shall be disclosed only to law
20 enforcement officers who provide the name of the applicant or
21 recipient and satisfactorily demonstrate that:
22 1. The applicant or recipient:
23 a. Is fleeing to avoid prosecution, or custody or
24 confinement after conviction, under the laws of the place from
25 which the individual flees, for a crime, or an attempt to
26 commit a crime, which is a felony under the laws of the place
27 from which the individual flees, or which, in the case of the
28 State of New Jersey, is a high misdemeanor under the laws of
29 such state;
30 b. Is violating a condition of probation or parole
31 imposed under federal or state law; or
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1 c. Has information that is necessary for the officer
2 to conduct the official duties of the officer.
3 2. The location or apprehension of the individual is
4 within the law officer's official duties; and
5 3. The request is made in the proper exercise of those
6 duties. However, the information may only be used within the
7 proper exercise of those duties.
8 (d) The administration of any other state, federal, or
9 federally assisted program that provides assistance, in cash
10 or in kind, or services, directly to individuals on the basis
11 of need.
12 (e) Any audit or similar activity, such as a review of
13 expenditure reports or financial review, conducted in
14 connection with the administration of any of the plans or
15 programs specified in paragraph (a) or paragraph (b), by any
16 governmental entity that is authorized by law to conduct such
17 audit or activity.
18 (f) The administration of the unemployment
19 compensation program.
20 (g) The reporting to the appropriate agency or
21 official of information about known or suspected instances of
22 physical or mental injury, sexual abuse or exploitation, or
23 negligent treatment or maltreatment of a child or elderly
24 person receiving assistance, under circumstances that indicate
25 that the child's or elderly person's health or welfare is
26 threatened.
27 (h) The administration of services to elderly persons
28 under ss. 430.601-430.606.
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30 Disclosure or publication of any information or lists that
31 identify by name or address any program applicant or
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1 recipient, to any federal, state, or local committee or
2 legislative body other than in connection with any activity
3 under this subsection, is prohibited.
4 (5) PROCEDURES FOR RELEASE OF CERTAIN INFORMATION.--
5 (a) Except under court order, the release or use of
6 confidential information concerning individuals applying for
7 or receiving temporary assistance may be made only under a
8 protocol that maintains standards of confidentiality that are
9 comparable to those that apply to the department. Regional
10 workforce boards and their employees and contract providers
11 shall meet the same standards of confidentiality as those that
12 apply to the department. With regard to the information made
13 confidential in this section, the state agencies charged by
14 law to implement the welfare transition program may receive
15 the information.
16 (b) In the event of the issuance of a subpoena for the
17 case record of a program applicant or recipient or for any
18 agency representative to testify concerning information about
19 an applicant or recipient rendered confidential by this
20 section, the public record or part thereof in question shall
21 be submitted to the court for an inspection in camera. An
22 inspection in camera shall be discretionary with the court,
23 and the court may make such provisions as it finds necessary
24 to maintain appropriate confidentiality.
25 (c) If information is obtained from program applicants
26 or recipients through an integrated eligibility process such
27 that the requirements of more than one state or federal
28 program apply to the information, the requirements of the
29 program that is the provider of the information shall prevail.
30 If the department cannot determine which program is the
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1 provider of the information, the requirements of each
2 applicable state or federal program shall be met.
3 Section 2. (1) The Legislature finds that it is a
4 public necessity that the records and meetings held pursuant
5 to the implementation of sections 414.045, 414.065, 414.0655,
6 414.075, 414.085, 414.095, 414.105, 414.115, 414.122, 414.125,
7 414.13, 414.157, 414.158, 414.1585, 414.1599, 414.16, 414.24,
8 414.26, 414.27, 414.32, 414.35, 414.391, 414.392, 414.70,
9 445.004, 445.005, 445.006, 445.007, 445.008, 445.009, 445.010,
10 445.011, 445.012, 445.013, 445.017, 445.019, 445.020, 445.021,
11 445.022, 445.023, 445.024, 445.025, 445.026, 445.028, 445.029,
12 445.030, 445.031, and 445.032, Florida Statutes, be held
13 confidential and exempt from the public records and public
14 meetings laws for the following reasons:
15 (a) The state has compelling interests in ensuring
16 that individuals eligible for temporary assistance enter into
17 and fully participate in welfare transition programs to assist
18 them in attaining self-sufficiency, including programs to deal
19 with problems such as illiteracy, substance abuse, and mental
20 health. The fear of public disclosure of personal information
21 by applicants for and participants in temporary assistance
22 programs and by their children constitutes a significant
23 disincentive for their full participation in programs to
24 assist in the development of independence and makes more
25 difficult the development of a sense of self-worth that is
26 essential to the process of moving towards independence.
27 (b) The state has compelling interests in ensuring
28 that meetings concerning temporary assistance cases be able to
29 consider information regarding eligibility for temporary
30 assistance, hardship exemption, extension of time limits, and
31 other provisions of the program that may require information
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1 from many sources, much of which is subject to federal and
2 state confidentiality laws.
3 (c) The state has a compelling interest in protecting
4 the children of families applying for or receiving temporary
5 assistance or participating in related intervention programs
6 from the trauma of public disclosure of personal information.
7 (d) The state has a compelling interest in the
8 protection of victims of domestic violence. Among applicants
9 for and recipients of temporary assistance are victims of
10 domestic violence who may be traumatized or placed in danger
11 by public disclosure of their identity, personal address, or
12 other personal information.
13 (2) Therefore, for the reasons stated in this section,
14 the Legislature finds that it is a public necessity that the
15 access to records and meetings that discuss personal
16 information of applicants for or recipients of temporary cash
17 assistance shall be limited as provided for in this act.
18 Section 3. This act shall take effect upon becoming a
19 law.
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21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 Senate Bill 2178
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24
Defines "temporary assistance" for the purposes of the bill to
25 include any cash or services provided with TANF funding.
26 Provides consistent reference to "temporary assistance" in
stipulating the assistance programs to which the public
27 records and public meeting exemption applies.
28 Clarifies that the individuals for whom information in records
is to be held confidential and exempt from the public records
29 requirements are those who have applied for or are receiving
temporary assistance.
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