Senate Bill sb0736

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    Florida Senate - 2006                                   SB 736

    By the Committee on Commerce and Consumer Services





    577-568-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         414.106, F.S., relating to an exemption from

  5         public-meetings requirements which is provided

  6         for meetings held by the Department of Children

  7         and Family Services, Workforce Florida, Inc.,

  8         or a regional workforce board or local

  9         committee at which personal identifying

10         information is discussed; saving the exemption

11         from repeal under the Open Government Sunset

12         Review Act; deleting provisions providing for

13         the repeal of the exemption; amending s.

14         414.295, F.S.; revising an exemption from

15         public-records requirements which is provided

16         for personal identifying information contained

17         in records relating to temporary cash

18         assistance; saving the exemption from repeal

19         under the Open Government Sunset Review Act;

20         deleting provisions providing for the repeal of

21         the exemption; amending s. 445.007, F.S.,

22         relating to an exemption from public-meetings

23         requirements which is provided for meetings

24         held by Workforce Florida, Inc., or a regional

25         workforce board or local committee at which

26         personal identifying information is discussed;

27         saving the exemption from repeal under the Open

28         Government Sunset Review Act; deleting

29         provisions providing for the repeal of the

30         exemption; providing an effective date.

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    Florida Senate - 2006                                   SB 736
    577-568-06




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

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 3         Section 1.  Section 414.106, Florida Statutes, is

 4  amended to read:

 5         414.106  Exemption from public meetings law.--Any

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

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

 8  local committee created pursuant to s. 445.007 at which

 9  personal identifying information contained in records relating

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

11  286.011 and s. 24(b), Art. I of the State Constitution if the

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

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

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

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

16  2, 2006, unless reviewed and saved from repeal through

17  reenactment by the Legislature.

18         Section 2.  Section 414.295, Florida Statutes, is

19  amended to read:

20         414.295  Temporary assistance programs; public records

21  exemption.--

22         (1)  Personal identifying information contained in

23  records relating to temporary cash assistance which identifies

24  a participant, a participant's family, or a participant's

25  family or household member, except for information identifying

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

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

28  the Department of Management Services, the Department of

29  Health, the Department of Revenue, the Department of

30  Education, a regional workforce board or local committee

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

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    Florida Senate - 2006                                   SB 736
    577-568-06




 1  contract with any of these entities shall be held confidential

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

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

 4  confidential and exempt may be released for purposes directly

 5  connected with:

 6         (a)  The administration of the temporary assistance for

 7  needy families plan under Title IV-A of the Social Security

 8  Act, as amended, which may include disclosure of information

 9  within and among the department, the Agency for Workforce

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

11  Management Services, the Department of Health, the Department

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

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

14  service providers under contract with any of these entities.

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

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

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

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

19  Social Security Act, as amended.

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

21  civil, or administrative proceeding conducted in connection

22  with the administration of any of the plans or programs

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

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

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

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

27  responsibilities.

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

29  federally assisted program that provides assistance or

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

31  a participant.

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    Florida Senate - 2006                                   SB 736
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 1         (e)  Any audit or similar activity, such as a review of

 2  expenditure reports or financial review, conducted in

 3  connection with the administration of any of the plans or

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

 5  governmental entity authorized by law to conduct such audit or

 6  activity.

 7         (f)  The administration of the unemployment

 8  compensation program.

 9         (g)  The reporting to the appropriate agency or

10  official of information about known or suspected instances of

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

12  negligent treatment or maltreatment of a child or elderly

13  person receiving assistance, if circumstances indicate that

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

15  threatened.

16         (h)  The administration of services to elderly persons

17  under ss. 430.601-430.606.

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

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

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

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

22  it finds necessary to maintain appropriate confidentiality.

23  Except pursuant to court order, the receiving entities shall

24  retain the confidential and exempt status of such personal

25  identifying information as otherwise provided for in this

26  section.

27         (3)  If information is obtained from a participant

28  through an integrated eligibility process so that the

29  requirements of more than one state or federal program apply

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

31  the provider of the information shall prevail. If the

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    Florida Senate - 2006                                   SB 736
    577-568-06




 1  department cannot determine which program is the provider of

 2  the information, the requirements of each applicable state or

 3  federal program shall be met.

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

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

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

 7  saved from repeal through reenactment by the Legislature.

 8         Section 3.  Subsection (9) of section 445.007, Florida

 9  Statutes, is amended to read:

10         445.007  Regional workforce boards; exemption from

11  public meetings law.--

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

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

14  local committee created under this section at which personal

15  identifying information contained in records relating to

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

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

18  the State Constitution if the information identifies a

19  participant, a participant's family, or a participant's family

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

21  subsection is subject to the Open Government Sunset Review Act

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

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

24  through reenactment by the Legislature.

25         Section 4.  This act shall take effect October 1, 2006.

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    Florida Senate - 2006                                   SB 736
    577-568-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Removes the repeal of certain exemptions from
      public-meetings requirements which are provided for
 4    meetings held by the Department of Children and Family
      Services, Workforce Florida, Inc., or a regional
 5    workforce board or local committee at which personal
      identifying information is discussed which relates to the
 6    temporary cash assistance program. Revises an exemption
      from public-records requirements which is provided for
 7    personal identifying information contained in records
      relating to temporary cash assistance. Removes the repeal
 8    of the exemption scheduled on October 2, 2006, under the
      Open Government Sunset Review Act.
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