The Florida Senate

House Bill 0429

    Florida House of Representatives - 2000                 HB 429

        By the Committee on Children & Families and Representative
    Murman





  1                      A bill to be entitled

  2         An act relating to public meetings and public

  3         records; creating s. 414.295, F.S.; providing

  4         an exemption from public meetings requirements

  5         for any staff meeting, or portion thereof, of

  6         the Department of Children and Family Services,

  7         Department of Labor and Employment Security,

  8         Department of Management Services, Department

  9         of Health, Department of Revenue, WAGES Program

10         State Board of Directors, or a local WAGES

11         coalition, or their contract service providers,

12         at which certain identifying information

13         regarding temporary cash assistance programs,

14         which is restricted pursuant to requirements of

15         federal law, is discussed; providing an

16         exemption from public records requirements for

17         certain identifying information in such

18         entities' records of such programs; authorizing

19         release of confidential information for

20         specified purposes; providing a prohibition;

21         providing procedures for release of information

22         under specified circumstances; providing a

23         finding of public necessity; providing an

24         effective date.

25

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

27

28         Section 1.  Section 414.295, Florida Statutes, is

29  created to read:

30         414.295  Temporary cash assistance programs;

31  safeguarding information.--

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  1         (1)  MEETINGS EXEMPT FROM PUBLIC MEETINGS LAW.--Those

  2  portions of a meeting held by the Department of Children and

  3  Family Services, the Department of Labor and Employment

  4  Security, Department of Management Services, the Department of

  5  Health, the Department of Revenue, the WAGES Program State

  6  Board of Directors, or a local WAGES coalition, or service

  7  providers under contract to any of these entities, pursuant to

  8  the implementation of s. 414.027, s. 414.028, s. 414.030, s.

  9  414.045, s. 414.055, s. 414.065, s. 414.0655, s. 414.075, s.

10  414.085, s. 414.095, s. 414.105, s. 414.115, s. 414.122, s.

11  414.125, s. 414.13, s. 414.15, s. 414.1525, s. 414.155, s.

12  414.157, s. 414.158, s. 414.1585, s. 414.159, s. 414.16, s.

13  414.18, s. 414.20, s. 414.21, s. 414.22, s. 414.223, s.

14  414.225, s. 414.23, s. 414.24, s. 414.27, s. 414.32, s.

15  414.35, s. 414.38, s. 414.391, s. 414.392, s. 414.44, or s.

16  414.70, at which information is discussed which identifies

17  individuals who have applied for or are receiving temporary

18  assistance shall be confidential and exempt from the

19  requirements of s. 286.011 and s. 24(b), Art. I of the State

20  Constitution. This exemption is made in accordance with the

21  requirements of federal law under s. 402 of the Social

22  Security Act, as amended, (42 U.S.C. 602) and is not subject

23  to repeal under s. 119.15.

24         (2)  INFORMATION EXEMPT FROM PUBLIC RECORDS

25  LAW.--Information which identifies individuals in records held

26  by or acquired by the Department of Children and Family

27  Services, the Department of Labor and Employment Security,

28  Department of Management Services, the Department of Health,

29  the Department of Revenue, the WAGES Program State Board of

30  Directors, or local WAGES coalitions, or service providers

31  under contract to any of these entities, pursuant to the

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  1  implementation of s. 414.027, s. 414.028, s. 414.030, s.

  2  414.045, s. 414.055, s. 414.065, s. 414.0655, s. 414.075, s.

  3  414.085, s. 414.095, s. 414.105, s. 414.115, s. 414.122, s.

  4  414.125, s. 414.13, s. 414.15, s. 414.1525, s. 414.155, s.

  5  414.157, s. 414.158, s. 414.1585, s. 414.159, s. 414.16, s.

  6  414.18, s. 414.20, s. 414.21, s. 414.22, s. 414,223, s.

  7  414.225, s. 414.23, s. 414.24, s. 414.27, s. 414.32, s.

  8  414.35, s. 414.38, s. 414.391, s. 414.392, s. 414.44, or s.

  9  414.70, is confidential and exempt from the public records

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

11  Constitution.  This exemption is made in accordance with the

12  requirements of federal law under s. 402 of the Social

13  Security Act, as amended, (42 U.S.C. 602) and is not subject

14  to repeal under s. 119.15.

15         (3)  RELEASE OF INFORMATION AUTHORIZED FOR SPECIFIED

16  PURPOSES.--Identifying information made confidential and

17  exempt pursuant to this section may be released for purposes

18  directly connected with:

19         (a)  The administration of the temporary assistance for

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

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

22  within and among the Department of Children and Family

23  Services, the Department of Labor and Employment Security, the

24  Department of Management Services, the Department of Health,

25  the Department of Revenue, the WAGES Program State Board of

26  Directors, local WAGES coalitions, and service providers under

27  contract to any of these entities.

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

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

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

31

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

  2  Social Security Act, as amended.

  3         (c)  Any investigation, prosecution, or criminal or

  4  civil proceeding conducted in connection with the

  5  administration of any of the plans or programs specified in

  6  paragraph (a) or paragraph (b). The department has authority

  7  to disclose the current address of a program applicant or

  8  recipient to a federal, state, or local law enforcement

  9  officer at his or her request.  Such information shall be

10  disclosed only to law enforcement officers who provide the

11  name of the applicant or recipient and satisfactorily

12  demonstrate that:

13         1.  The applicant or recipient:

14         a.  Is fleeing to avoid prosecution, or custody or

15  confinement after conviction, under the laws of the place from

16  which the individual flees, for a crime, or an attempt to

17  commit a crime, which is a felony under the laws of the place

18  from which the individual flees, or which, in the case of the

19  State of New Jersey, is a high misdemeanor under the laws of

20  such state;

21         b.  Is violating a condition of probation or parole

22  imposed under federal or state law; or

23         c.  Has information that is necessary for the officer

24  to conduct the official duties of the officer.

25         2.  The location or apprehension of the individual is

26  within the law officer's official duties; and

27         3.  The request is made in the proper exercise of those

28  duties.  However, the information may only be used within the

29  proper exercise of those duties.

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

31  federally assisted program which provides assistance, in cash

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  1  or in kind, or services, directly to individuals on the basis

  2  of need.

  3         (e)  Any audit or similar activity, such as a review of

  4  expenditure reports or financial review, conducted in

  5  connection with the administration of any of the plans or

  6  programs specified in paragraph (a) or paragraph (b), by any

  7  governmental entity which is authorized by law to conduct such

  8  audit or activity.

  9         (f)  The administration of the unemployment

10  compensation program.

11         (g)  The reporting to the appropriate agency or

12  official of information about known or suspected instances of

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

14  negligent treatment or maltreatment of a child receiving

15  assistance, under circumstances which indicate that the

16  child's health or welfare is threatened.

17

18  Disclosure or publication of any information or lists that

19  identify by name or address any program applicant or

20  recipient, to any federal, state, or local committee or

21  legislative body other than in connection with any activity

22  under this subsection, is prohibited.

23         (4)  PROCEDURES FOR RELEASE OF CERTAIN INFORMATION.--

24         (a)  Except under court order, the release or use of

25  confidential information concerning individuals applying for

26  or receiving temporary cash assistance may only be made under

27  a protocol that maintains standards of confidentiality which

28  are comparable to those that apply to the department.  Local

29  WAGES coalitions and their employees and contract providers

30  shall meet the same standards of confidentiality as those that

31  apply to the department.  With regard to the information made

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  1  confidential in this section, the state agencies charged by

  2  law to implement the WAGES Program may receive the

  3  information.

  4         (b)  In the event of the issuance of a subpoena for the

  5  case record of a program applicant or recipient or for any

  6  agency representative to testify concerning information about

  7  an applicant or recipient rendered confidential by this

  8  section, the public record or part thereof in question shall

  9  be submitted to the court for an inspection in camera.  An

10  inspection in camera shall be discretionary with the court,

11  and the court may make such provisions as it finds necessary

12  to maintain appropriate confidentiality.

13         (c)  In the event that information is obtained from

14  program applicants or recipients through an integrated

15  eligibility process such that the requirements of more than

16  one state or federal program apply to the information, the

17  requirements of the program that is the provider of the

18  information shall prevail.  If the department cannot determine

19  which program is the provider of the information, the

20  requirements of each applicable state or federal program shall

21  be met.

22         Section 2.  (1)  The Legislature finds that it is a

23  public necessity that the records and meetings held pursuant

24  to the implementation of ss. 414.027, 414.028, 414.030,

25  414.045, 414.055, 414.065, 414.0655, 414.075, 414.085,

26  414.095, 414.105, 414.115, 414.122, 414.125, 414.13, 414.15,

27  414.1525, 414.155, 414.157, 414.158, 414.1585, 414.159,

28  414.16, 414.18, 414.20, 414.21, 414.22, 414.223, 414.225,

29  414.23, 414.24, 414.27, 414.32, 414.35, 414.38, 414.391,

30  414.392, 414.44, and 414.70, Florida Statutes, be held

31

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  1  confidential and exempt from the public records and public

  2  meetings laws for the following reasons:

  3         (a)  The state has compelling interests in ensuring

  4  that individuals eligible for cash assistance enter into and

  5  fully participate in WAGES programs to assist them in

  6  attaining self-sufficiency, including programs to deal with

  7  problems such as illiteracy, substance abuse, and mental

  8  health.  The fear of public disclosure of personal information

  9  by applicants for and participants in temporary cash

10  assistance programs and by their children constitutes a

11  significant disincentive for their full participation in

12  programs to assist in the development of independence and

13  makes more difficult the development of a sense of self-worth

14  that is essential to the process of moving towards

15  independence.

16         (b)  The state has compelling interests in ensuring

17  that meetings concerning cash assistance cases be able to

18  consider information regarding eligibility for cash

19  assistance, hardship exemption, extension of time limits, and

20  other provisions of the program that may require information

21  from many sources, much of which is subject to federal and

22  state confidentiality laws.

23         (c)  The state has a compelling interest in protecting

24  the children of families applying for or receiving cash

25  assistance or participating in related intervention programs

26  from the trauma of public disclosure of personal information.

27         (d)  The state has a compelling interest in the

28  protection of victims of domestic violence.  Among applicants

29  for and recipients of cash assistance are victims of domestic

30  violence who may be traumatized or placed in danger by public

31

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  1  disclosure of their identity, personal address, or other

  2  personal information.

  3         (2)  Therefore, for the reasons stated in this section,

  4  the Legislature finds that it is a public necessity that the

  5  access to records and meetings which discuss personal

  6  information of applicants for or recipients of temporary cash

  7  assistance shall be limited as provided for in this act.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Provides an exemption from public meetings requirements
14    for any staff meeting, or portion thereof, of the
      Department of Children and Family Services, Department of
15    Labor and Employment Security, Department of Management
      Services, Department of Health, Department of Revenue,
16    WAGES Program State Board of Directors, or a local WAGES
      coalition, or their contract service providers, at which
17    certain identifying information regarding temporary cash
      assistance programs, which is restricted pursuant to
18    federal law, is discussed. Provides an exemption from
      public records requirements for certain identifying
19    information in such entities' records of such programs,
      and provides for future review and repeal of this
20    exemption. Authorizes release of confidential identifying
      information for specified purposes. Prohibits disclosure
21    of such identifying information to any governmental
      committee or legislative body except as authorized under
22    the act. Provides procedures for release of certain
      information under specified circumstances.
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