HB 7059

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding temporary cash assistance;
4	amending s. 414.106, F.S., which provides an exemption
5	from public meetings requirements for that portion of a
6	meeting held by the Department of Children and Family
7	Services, Workforce Florida, Inc., or a regional workforce
8	board or local committee at which personal identifying
9	information contained in records relating to temporary
10	cash assistance is discussed; removing the scheduled
11	repeal of the exemption; amending s. 414.295, F.S., which
12	provides an exemption from public records requirements for
13	personal identifying information of a temporary cash
14	assistance program participant, a participant's family, or
15	a participant's family or household member, except for
16	information identifying a noncustodial parent, held by the
17	Department of Children and Family Services, the Agency for
18	Workforce Innovation, Workforce Florida, Inc., the
19	Department of Health, the Department of Revenue, the
20	Department of Education, or a regional workforce board or
21	local committee; narrowing the exemption; making editorial
22	changes; revising provisions relating to the authorized
23	release of such confidential and exempt information;
24	removing superfluous language; removing the scheduled
25	repeal of the exemption; amending s. 445.007, F.S.;
26	removing the exemption from public meetings requirements
27	for any meeting or portion of a meeting held by Workforce
28	Florida, Inc., or a regional workforce board or local
29	committee at which specified personal identifying
30	information contained in records relating to temporary
31	cash assistance is discussed; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Section 414.106, Florida Statutes, is amended
36	to read:
37	414.106  Exemption from public meetings law.--That Any
38	meeting or portion of a meeting held by the department,
39	Workforce Florida, Inc., or a regional workforce board or local
40	committee created pursuant to s. 445.007 at which personal
41	identifying information contained in records relating to
42	temporary cash assistance is discussed is exempt from s. 286.011
43	and s. 24(b), Art. I of the State Constitution if the
44	information identifies a participant, a participant's family, or
45	a participant's family or household member. This section is
46	subject to the Open Government Sunset Review Act of 1995 in
47	accordance with s. 119.15, and shall stand repealed on October
48	2, 2006, unless reviewed and saved from repeal through
49	reenactment by the Legislature.
50	Section 2.  Section 414.295, Florida Statutes, is amended
51	to read:
52	414.295  Temporary cash assistance programs; public records
53	exemption.--
54	(1)  Personal identifying information of a contained in
55	records relating to temporary cash assistance program which
56	identifies a participant, a participant's family, or a
57	participant's family or household member, except for information
58	identifying a noncustodial parent, and which is held by the
59	department, the Agency for Workforce Innovation, Workforce
60	Florida, Inc., the Department of Management Services, the
61	Department of Health, the Department of Revenue, the Department
62	of Education, or a regional workforce board or local committee
63	created pursuant to s. 445.007 is, or service providers under
64	contract with any of these entities shall be held confidential
65	and exempt from the requirements of s. 119.07(1) and s. 24(a),
66	Art. I of the State Constitution. Such information made
67	confidential and exempt information may be released for purposes
68	directly connected with:
69	(a)  The administration of the temporary assistance for
70	needy families plan under Title IV-A of the Social Security Act,
71	as amended, by which may include disclosure of information
72	within and among the department, the Agency for Workforce
73	Innovation, Workforce Florida, Inc., the Department of Military
74	Affairs Management Services, the Department of Health, the
75	Department of Revenue, the Department of Education, a regional
76	workforce board or local committee created pursuant to s.
77	445.007, or a school district service providers under contract
78	with any of these entities.
79	(b)  The administration of the state's plan or program
80	approved under Title IV-B, Title IV-D, or Title IV-E of the
81	Social Security Act, as amended, or under Title I, Title X,
82	Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
83	Social Security Act, as amended.
84	(c)  Any investigation, prosecution, or any criminal,
85	civil, or administrative proceeding conducted in connection with
86	the administration of any of the plans or programs specified in
87	paragraph (a) or paragraph (b) by. Such information shall be
88	disclosed to a federal, state, or local governmental entity,
89	upon request by that entity, when such request is made pursuant
90	to the proper exercise of that entity's duties and
91	responsibilities.
92	(d)  The administration of any other state, federal, or
93	federally assisted program that provides assistance or services
94	on the basis of need, in cash or in kind, directly to a
95	participant.
96	(e)  Any audit or similar activity, such as a review of
97	expenditure reports or financial review, conducted in connection
98	with the administration of any of the plans or programs
99	specified in paragraph (a) or paragraph (b) by a governmental
100	entity authorized by law to conduct such audit or activity.
101	(f)  The administration of the unemployment compensation
102	program.
103	(g)  The reporting to the appropriate agency or official of
104	information about known or suspected instances of physical or
105	mental injury, sexual abuse or exploitation, or negligent
106	treatment or maltreatment of a child or elderly person receiving
107	assistance, if circumstances indicate that the health or welfare
108	of the child or elderly person is threatened.
109	(h)  The administration of services to elderly persons
110	under ss. 430.601-430.606.
111	(2)  If a subpoena is received for any information made
112	confidential and exempt by this section, the public record or
113	part thereof in question shall be submitted to the court for an
114	inspection in camera. The court may make such provision as it
115	finds necessary to maintain appropriate confidentiality. Except
116	pursuant to court order, the receiving entities shall retain the
117	confidential and exempt status of such personal identifying
118	information as otherwise provided for in this section.
119	(2)(3)  If information is obtained from a participant
120	through an integrated eligibility process so that the
121	requirements of more than one state or federal program apply to
122	the information, the requirements of the program that is the
123	provider of the information shall prevail. If the department
124	cannot determine which program is the provider of the
125	information, the requirements of each applicable state or
126	federal program shall be met.
127	(4)  This section is subject to the Open Government Sunset
128	Review Act of 1995 in accordance with s. 119.15, and shall stand
129	repealed on October 2, 2006, unless reviewed and saved from
130	repeal through reenactment by the Legislature.
131	Section 3.  Subsection (9) of section 445.007, Florida
132	Statutes, is amended to read:
133	445.007  Regional workforce boards; exemption from public
134	meetings law.--
135	(9)  Any meeting or portion of a meeting held by Workforce
136	Florida, Inc., or a regional workforce board or local committee
137	created under this section at which personal identifying
138	information contained in records relating to temporary cash
139	assistance, as defined in s. 414.0252, is discussed is exempt
140	from s. 286.011 and s. 24(b), Art. I of the State Constitution
141	if the information identifies a participant, a participant's
142	family, or a participant's family or household member, as
143	defined in s. 414.0252. This subsection is subject to the Open
144	Government Sunset Review Act of 1995 in accordance with s.
145	119.15, and shall stand repealed on October 2, 2006, unless
146	reviewed and saved from repeal through reenactment by the
147	Legislature.
148	Section 4.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.