HB 1031 2003
1	A bill to be entitled
2	An act relating to a public records exemption for the
3	Florida Kidcare program; amending s. 409.821, F.S.;
4	expanding the exemption for identifying information of
5	applicants to the Florida Kidcare program to provide that
6	any information identifying a program applicant or
7	enrollee held by the Agency for Health Care
8	Administration, the Department of Children and Family
9	Services, the Department of Health, and the Florida
10	Healthy Kids Corporation is confidential and exempt;
11	providing for disclosure of such information to
12	governmental entities under certain circumstances;
13	providing a penalty for unlawful disclosure of such
14	information; adding clarifying language; making editorial
15	changes; providing for retroactive application; removing
16	the October 2, 2003, repeal of the exemption scheduled
17	pursuant to the Open Government Sunset Review Act of 1995;
18	providing for future review and repeal of the exemption;
19	providing a statement of public necessity; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1. Notwithstanding the October 2, 2003, repeal of
25	said section scheduled pursuant to the Open Government Sunset
26	Review Act of 1995, section 409.821, Florida Statutes, is
27	amended to read:
28	409.821 Florida Kidcare program public records exemption
29	Sections 409.810-409.820; confidential
30	information.--Notwithstanding any other law to the contrary, any
31	information identifying a Florida Kidcare program applicant or
32	enrollee, as defined in s. 409.811, held by the Agency for
33	Health Care Administration, the Department of Children and
34	Family Services, the Department of Health, or the Florida
35	Healthy Kids Corporation contained in an application for
36	determination of eligibility for the Florida Kidcare program
37	which identifies applicants, including medical information and
38	family financial information, and any information obtained
39	through quality assurance activities and patient satisfaction
40	surveys which identifies programparticipants, obtained by the
41	Florida Kidcare program under ss. 409.810-409.820,is
42	confidential and isexempt from s. 119.07(1) and s. 24(a), Art.
43	I of the State Constitution. Such information may be disclosed
44	to another governmental entity only if disclosure is necessary
45	for the entity to perform its duties and responsibilities under
46	the Florida Kidcare program. The receiving governmental entity
47	must maintain the confidential and exempt status of such
48	information. Furthermore, such information may not be released
49	to any personExcept as otherwise provided by law, program staff
50	or staff or agents affiliated with the program may not release,
51	without the written consent of the program applicant or the
52	parent or guardian of the applicant, to any state or federal
53	agency, to any private business or person, or to any other
54	entity, any confidential information received under ss. 409.810-
55	409.820. This exemption applies to any information identifying a
56	Florida Kidcare program applicant or enrollee held by the Agency
57	for Health Care Administration, the Department of Children and
58	Family Services, the Department of Health, or the Florida
59	Healthy Kids Corporation before, on, or after the effective date
60	of this exemption. A violation of this section is a misdemeanor
61	of the second degree, punishable as provided in s. 775.082 or s.
62	775.083.This section is subject to the Open Government Sunset
63	Review Act of 1995 in accordance with s. 119.15, and shall stand
64	repealed on October 2, 2003, unless reviewed and saved from
65	repeal through reenactment by the Legislature.
66	Section 2. Section 409.821, Florida Statutes, is subject
67	to the Open Government Sunset Review Act of 1995 in accordance
68	with s. 119.15, Florida Statutes, and shall stand repealed on
69	October 2, 2008, unless reviewed and saved from repeal through
70	reenactment by the Legislature.
71	Section 3. The Legislature finds that it is a public
72	necessity that any information identifying a Florida Kidcare
73	program applicant or enrollee, irrespective of whether such
74	information is located in an application or other record, be
75	held confidential and exempt in order to protect sensitive
76	personal,financial, and medical information. If the exemption
77	were not expanded to include such identifying information
78	contained in other records in addition to the application, the
79	purpose of the exemption would be defeated. Applicant and
80	enrollee identifying information would be available pursuant to
81	a public records request via other records, thereby causing an
82	unwarranted invasion into the life and privacy of the program
83	applicants and enrollees. In addition, expanding the public
84	records exemption to include the identifying information of a
85	program applicant or enrollee contained in other records in
86	addition to the application is necessary in order for the Agency
87	for Health Care Administration, the Department of Children and
88	Family Services, the Department of Health, and the Florida
89	Healthy Kids Corporation to effectively and efficiently
90	administer the Florida Kidcare program. If such identifying
91	information contained in other records were not granted the same
92	protection afforded the identifying information contained in the
93	application, the administration of the Florida Kidcare program
94	would be significantly impaired because applicants would be less
95	inclined to apply to the program due to the fact that such
96	identifying information would be made available to the public,
97	which would cause an unwarranted invasion into the life and
98	privacy of program applicants and enrollees, thereby
99	significantly decreasing the number of program enrollees.
100	Finally, it is a public necessity that such identifying
101	information be held confidential and exempt in order to comply
102	with federal law. The current exemption only applies to such
103	information contained in an application for the Florida Kidcare
104	program. The expansion of the exemption to include identifying
105	information contained in any other records in addition to the
106	application ensures compliance with federal law. In addition to
107	the applicant, the identifying information of a program enrollee
108	should also be held confidential and exempt. The expansion of
109	the exemption is a public necessity in order for Florida to
110	adhere to federal law requiring that certain program applicant
111	and enrollee identifying information be protected from public
112	disclosure.
113	Section 4. This act shall take effect upon becoming a law.