Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1496
Barcode 714324
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/20/2013 .
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The Committee on Judiciary (Thrasher) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (8) is added to section 68.083,
6 Florida Statutes, to read:
7 68.083 Civil actions for false claims.—
8 (8)(a) Except as otherwise provided in this subsection, the
9 complaint and other information held by the department pursuant
10 to an investigation of a violation of s. 68.082 is confidential
11 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
12 Constitution. This paragraph is subject to the Open Government
13 Sunset Review Act in accordance with s. 119.15 and shall stand
14 repealed on October 2, 2018, unless reviewed and saved from
15 repeal through reenactment by the Legislature.
16 (b) Information made confidential and exempt under
17 paragraph (a) may be disclosed by the department to a law
18 enforcement agency or another administrative agency in the
19 performance of its official duties and responsibilities.
20 (c) Information made confidential and exempt under
21 paragraph (a) is no longer confidential and exempt once the
22 investigation is completed, unless the information is otherwise
23 protected by law.
24 (d) For purposes of this subsection, an investigation is
25 completed:
26 1. Under subsection (1) once the department files its own
27 action or closes its investigation without filing an action.
28 2. Under subsection (2) upon the unsealing of the qui tam
29 action or upon the voluntary dismissal of the qui tam action
30 prior to the unsealing.
31 Section 2. The Legislature finds that it is a public
32 necessity that the complaint and information held by the
33 Department of Legal Affairs pursuant to an investigation of a
34 violation of s. 68.082, Florida Statutes, relating to false
35 claims against the state, be held confidential and exempt from
36 public records requirements. Because a false claims
37 investigation conducted by the Department of Legal Affairs may
38 lead to the filing of an administrative or civil proceeding, the
39 premature release of the complaint or other information held by
40 the department could frustrate or thwart the investigation and
41 impair the ability of the department to effectively and
42 efficiently administer its duties under the Florida False Claims
43 Act, ss. 68.081-68.092, Florida Statutes. This exemption also
44 protects the reputation of the named defendant in the event the
45 allegations of the qui tam complaint ultimately prove to be
46 unfounded. Without this exemption, a plaintiff can subject a
47 defendant to serious fraud allegations in the name of the state
48 merely by filing a qui tam complaint. Additionally, given the
49 department’s subpoena powers for all qui tam investigations,
50 this exemption, which mirrors the existing statutory exemption
51 in s. 409.913(12), Florida Statutes, for information obtained
52 during investigations of Medicaid fraud and abuse claims, is
53 especially appropriate. Therefore, the Legislature finds that it
54 is a public necessity that the complaint and information held by
55 the Department of Legal Affairs pursuant to an investigation of
56 a violation of s. 68.082, Florida Statutes, relating to false
57 claims against the state, be held confidential and exempt from
58 public records requirements.
59 Section 3. This act shall take effect on the same date that
60 SB 1494 or similar legislation takes effect, if such legislation
61 is adopted in the same legislative session or an extension
62 thereof and becomes a law.
63
64 ================= T I T L E A M E N D M E N T ================
65 And the title is amended as follows:
66 Delete everything before the enacting clause
67 and insert:
68 A bill to be entitled
69 An act relating to public records; amending s. 68.083,
70 F.S.; providing an exemption from public records
71 requirements for the complaint and information held by
72 the Department of Legal Affairs pursuant to an
73 investigation of a violation of s. 68.082, F.S.,
74 relating to false claims against the state; providing
75 for future legislative review and repeal of the
76 exemption under the Open Government Sunset Review Act;
77 providing for specified disclosure; specifying
78 duration of the exemption; specifying conditions under
79 which an investigation is considered completed;
80 providing a statement of public necessity; providing a
81 contingent effective date.