Senate Bill sb2178

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    Florida Senate - 2001                                  SB 2178

    By Senator Peaden





    1-1176-01

  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         the Agency for Workforce Innovation, Workforce

  8         Florida, Inc., The Department of Management

  9         Services, the Department of Health, the

10         Department of Revenue, the Department of

11         Education, or a regional workforce board, or

12         their contract service providers, at which

13         certain identifying information regarding

14         temporary cash assistance programs, which is

15         restricted pursuant to requirements of federal

16         law, is discussed; providing an exemption from

17         public records requirements for certain

18         identifying information in such entities'

19         records of such programs; authorizing release

20         of confidential information for specified

21         purposes; providing a prohibition; providing

22         procedures for release of information under

23         specified circumstances; providing a finding of

24         public necessity; providing an 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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    Florida Senate - 2001                                  SB 2178
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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 Agency for Workforce Innovation,

  4  Workforce Florida, Inc., the Department of Management

  5  Services, the Department of Health, the Department of Revenue,

  6  the Department of Education, or a regional workforce board, or

  7  service providers under contract to any of these entities,

  8  pursuant to the implementation of s. 414.045, s. 414.065, s.

  9  414.0655, s. 414.075, s. 414.085, s. 414.095, s. 414.105, s.

10  414.115, s. 414.122, s. 414.125, s. 414.13, s. 414.157, s.

11  414.158, s. 414.1585, s. 414.1599, s. 414.16, s. 414.24, s.

12  414.26, s. 414.27, s. 414.32, s. 414.35, s. 414.391, s.

13  414.392, s. 414.70, s. 445.004, s. 445.005, s. 445.006, s.

14  445.007, s. 445.008, s. 445.009, s. 445.010, s. 445.011, s.

15  445.012, s. 445.013, s. 445.017, s. 445.019, s. 445.020, s.

16  445.021, s. 445.022, s. 445.023, s. 445.024, s. 445.025, s.

17  445.026, s. 445.028, s. 445.029, s. 445.030, s. 445.031, and

18  s. 445.032 at which information is discussed which identifies

19  individuals who have applied for or are receiving temporary

20  assistance shall be confidential and exempt from the

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

22  Constitution. This exemption is made in accordance with the

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

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

25  to repeal under s. 119.15.

26         (2)  INFORMATION EXEMPT FROM PUBLIC RECORDS

27  LAW.--Information that identifies individuals in records held

28  by or acquired by the Department of Children and Family

29  Services, the Agency for Workforce Innovation, Workforce

30  Florida, Inc., the Department of Management Services, the

31  Department of Health, the Department of Revenue, the

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    Florida Senate - 2001                                  SB 2178
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  1  Department of Education, or regional workforce boards, or

  2  service providers under contract to any of these entities,

  3  pursuant to the implementation of s. 414.045, s. 414.065, s.

  4  414.0655, s. 414.075, s. 414.085, s. 414.095, s. 414.105, s.

  5  414.115, s. 414.122, s. 414.125, s. 414.13, s. 414.157, s.

  6  414.158, s. 414.1585, s. 414.1599, s. 414.16, s. 414.24, s.

  7  414.26, s. 414.27, s. 414.32, s. 414.35, s. 414.391, s.

  8  414.392, s. 414.70, s. 445.004, s. 445.005, s. 445.006, s.

  9  445.007, s. 445.008, s. 445.009, s. 445.010, s. 445.011, s.

10  445.012, s. 445.013, s. 445.017, s. 445.019, s. 445.020, s.

11  445.021, s. 445.022, s. 445.023, s. 445.024, s. 445.025, s.

12  445.026, s. 445.028, s. 445.029, s. 445.030, s. 445.031, and

13  s. 445.032 is confidential and exempt from the public records

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

15  Constitution. This exemption is made in accordance with the

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

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

18  to repeal under s. 119.15.

19         (3)  RELEASE OF INFORMATION AUTHORIZED FOR SPECIFIED

20  PURPOSES.--Identifying information made confidential and

21  exempt pursuant to this section may be released for purposes

22  directly connected with:

23         (a)  The administration of the temporary assistance for

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

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

26  within and among the Department of Children and Family

27  Services, the Agency for Workforce Innovation, Workforce

28  Florida, Inc., the Department of Management Services, the

29  Department of Health, the Department of Revenue, the

30  Department of Education, or a regional workforce board, or

31  service providers under contract to any of these entities.

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    Florida Senate - 2001                                  SB 2178
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  1         (b)  The administration of the state's plan or program

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

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

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

  5  Social Security Act, as amended.

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

  7  civil proceeding conducted in connection with the

  8  administration of any of the plans or programs specified in

  9  paragraph (a) or paragraph (b). The department may disclose

10  the current address of a program applicant or recipient to a

11  federal, state, or local law enforcement officer at his or her

12  request. Such information shall be disclosed only to law

13  enforcement officers who provide the name of the applicant or

14  recipient and satisfactorily demonstrate that:

15         1.  The applicant or recipient:

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

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

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

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

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

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

22  such state;

23         b.  Is violating a condition of probation or parole

24  imposed under federal or state law; or

25         c.  Has information that is necessary for the officer

26  to conduct the official duties of the officer.

27         2.  The location or apprehension of the individual is

28  within the law officer's official duties; and

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

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

31  proper exercise of those duties.

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

  2  federally assisted program that provides assistance, in cash

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

  4  of need.

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

  6  expenditure reports or financial review, conducted in

  7  connection with the administration of any of the plans or

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

  9  governmental entity that is authorized by law to conduct such

10  audit or activity.

11         (f)  The administration of the unemployment

12  compensation program.

13         (g)  The reporting to the appropriate agency or

14  official of information about known or suspected instances of

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

16  negligent treatment or maltreatment of a child or elderly

17  person receiving assistance, under circumstances that indicate

18  that the child's or elderly person's health or welfare is

19  threatened.

20         (h)  The administration of services to elderly persons

21  under ss. 430.601-430.606.

22

23  Disclosure or publication of any information or lists that

24  identify by name or address any program applicant or

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

26  legislative body other than in connection with any activity

27  under this subsection, is prohibited.

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

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

30  confidential information concerning individuals applying for

31  or receiving temporary cash assistance may be made only under

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    Florida Senate - 2001                                  SB 2178
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  1  a protocol that maintains standards of confidentiality that

  2  are comparable to those that apply to the department. Regional

  3  workforce boards and their employees and contract providers

  4  shall meet the same standards of confidentiality as those that

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

  6  confidential in this section, the state agencies charged by

  7  law to implement the welfare transition program may receive

  8  the information.

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

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

11  agency representative to testify concerning information about

12  an applicant or recipient rendered confidential by this

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

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

15  inspection in camera shall be discretionary with the court,

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

17  to maintain appropriate confidentiality.

18         (c)  If information is obtained from program applicants

19  or recipients through an integrated eligibility process such

20  that the requirements of more than one state or federal

21  program apply to the information, the requirements of the

22  program that is the provider of the information shall prevail.

23  If the department cannot determine which program is the

24  provider of the information, the requirements of each

25  applicable state or federal program shall be met.

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

27  public necessity that the records and meetings held pursuant

28  to the implementation of sections 414.045, 414.065, 414.0655,

29  414.075, 414.085, 414.095, 414.105, 414.115, 414.122, 414.125,

30  414.13, 414.157, 414.158, 414.1585, 414.1599, 414.16, 414.24,

31  414.26, 414.27, 414.32, 414.35, 414.391, 414.392, 414.70,

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  1  445.004, 445.005, 445.006, 445.007, 445.008, 445.009, 445.010,

  2  445.011, 445.012, 445.013, 445.017, 445.019, 445.020, 445.021,

  3  445.022, 445.023, 445.024, 445.025, 445.026, 445.028, 445.029,

  4  445.030, 445.031, and 445.032, Florida Statutes, be held

  5  confidential and exempt from the public records and public

  6  meetings laws for the following reasons:

  7         (a)  The state has compelling interests in ensuring

  8  that individuals eligible for cash assistance enter into and

  9  fully participate in welfare transition programs to assist

10  them in attaining self-sufficiency, including programs to deal

11  with problems such as illiteracy, substance abuse, and mental

12  health. The fear of public disclosure of personal information

13  by applicants for and participants in temporary cash

14  assistance programs and by their children constitutes a

15  significant disincentive for their full participation in

16  programs to assist in the development of independence and

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

18  that is essential to the process of moving towards

19  independence.

20         (b)  The state has compelling interests in ensuring

21  that meetings concerning cash assistance cases be able to

22  consider information regarding eligibility for cash

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

24  other provisions of the program that may require information

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

26  state confidentiality laws.

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

28  the children of families applying for or receiving cash

29  assistance or participating in related intervention programs

30  from the trauma of public disclosure of personal information.

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

  2  protection of victims of domestic violence. Among applicants

  3  for and recipients of cash assistance are victims of domestic

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

  5  disclosure of their identity, personal address, or other

  6  personal information.

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

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

  9  access to records and meetings that discuss personal

10  information of applicants for or recipients of temporary cash

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

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

13  law.

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15            *****************************************

16                          SENATE SUMMARY

17    Exempts meetings held, and information maintained, by any
      of several state agencies as a result of applications
18    for, and receipt of, assistance and services, which
      meetings and records are made confidential under federal
19    law. Authorizes release of certain information for
      specific purposes. Provides findings of public necessity
20    for maintaining the confidentiality of such information.

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