Proposed Committee Substitute by the Committee on Governmental

Operations

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A bill to be entitled

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An act relating to a review under the Open Government

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Sunset Review Act; amending s. 409.821, F.S., relating to

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a public-records exemption for certain records pertaining

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to the Florida Kidcare program; clarifying provisions

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authorizing the release of certain information to the

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legal guardian of an enrollee; saving the exemption from

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repeal under the Open Government Sunset Review Act;

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repealing s. 2, chapter 2003-104, Laws of Florida;

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deleting provisions providing for repeal of the exemption;

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repealing s. 624.91(8), F.S., relating to a public-records

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exemption for the Florida Healthy Kids Corporation;

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providing an effective date.

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

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     Section 1.  Section 409.821, Florida Statutes, is amended to

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read:

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     409.821 Florida Kidcare program public-records public

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records exemption.--

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     (1) Personal identifying information of Notwithstanding any

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other law to the contrary, any information identifying a Florida

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Kidcare program applicant or enrollee, as defined in s. 409.811,

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held by the Agency for Health Care Administration, the Department

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of Children and Family Services, the Department of Health, or the

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Florida Healthy Kids Corporation is confidential and exempt from

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s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

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     (2)(a) Upon request, such information shall may be

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disclosed to:

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     1. Another governmental entity only if disclosure is

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necessary for the entity to perform its duties and

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responsibilities under the Florida Kidcare program; and shall be

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disclosed to

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     2. The Department of Revenue for purposes of administering

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the state Title IV-D program; or. The receiving governmental

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entity must maintain the confidential and exempt status of such

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information. Furthermore, such information may not be released to

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     3. Any person who has without the written consent of the

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program applicant.

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     (b) This section does not prohibit an enrollee's legal

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guardian from obtaining confirmation of coverage, dates of

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coverage, name of the enrollee's health plan, and amount of

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premium being paid.

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     (3) This exemption applies to any information identifying a

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Florida Kidcare program applicant or enrollee held by the Agency

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for Health Care Administration, the Department of Children and

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Family Services, the Department of Health, or the Florida Healthy

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Kids Corporation before, on, or after the effective date of this

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exemption.

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     (4) A knowing and willful violation of this section is a

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misdemeanor of the second degree, punishable as provided in s.

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775.082 or s. 775.083.

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     Section 2. Section 2 of chapter 2003-104, Laws of Florida,

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is repealed.

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     Section 3. Subsection (8) of section 624.91, Florida

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Statutes, is repealed.

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     Section 4.  This act shall take effect October 1, 2008.