1

A bill to be entitled

2

An act relating to a review under the Open Government

3

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

4

a public-records exemption for certain records pertaining

5

to the Florida Kidcare program; clarifying provisions

6

authorizing the release of certain information to the

7

legal guardian of an enrollee; saving the exemption from

8

repeal under the Open Government Sunset Review Act;

9

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

10

deleting provisions providing for repeal of the exemption;

11

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

12

exemption for the Florida Healthy Kids Corporation;

13

providing an effective date.

14

15

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

16

17

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

18

read:

19

     409.821 Florida Kidcare program public-records public

20

records exemption.--

21

     (1) Personal identifying information of Notwithstanding any

22

other law to the contrary, any information identifying a Florida

23

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

24

held by the Agency for Health Care Administration, the Department

25

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

26

Florida Healthy Kids Corporation is confidential and exempt from

27

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

28

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

29

disclosed to:

30

     1. The parent or legal guardian of an enrollee;

31

     2. Another governmental entity in the performance of only

32

if disclosure is necessary for the entity to perform its official

33

duties and responsibilities; under the Florida Kidcare program

34

and shall be disclosed to

35

     3. The Department of Revenue for purposes of administering

36

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

37

entity must maintain the confidential and exempt status of such

38

information. Furthermore, such information may not be released to

39

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

40

program applicant.

41

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

42

guardian from obtaining confirmation of coverage, dates of

43

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

44

premium being paid.

45

     (3) This exemption applies to any information identifying a

46

Florida Kidcare program applicant or enrollee held by the Agency

47

for Health Care Administration, the Department of Children and

48

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

49

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

50

exemption.

51

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

52

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

53

775.082 or s. 775.083.

54

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

55

is repealed.

56

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

57

Statutes, is repealed.

58

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