Senate Bill sb2178c1

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    Florida Senate - 2001                           CS for SB 2178

    By the Committee on Children and Families; and Senator Peaden





    300-1841-01

  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 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; defining the term

20         "temporary assistance"; authorizing release of

21         confidential information for specified

22         purposes; providing a prohibition; providing

23         procedures for release of information under

24         specified circumstances; providing a finding of

25         public necessity; providing an effective date.

26

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

28

29         Section 1.  Section 414.295, Florida Statutes, is

30  created to read:

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    Florida Senate - 2001                           CS for SB 2178
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  1         414.295  Temporary assistance programs; safeguarding

  2  information.--

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

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

  5  Family Services, the Agency for Workforce Innovation,

  6  Workforce Florida, Inc., the Department of Management

  7  Services, the Department of Health, the Department of Revenue,

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

  9  service providers under contract to any of these entities,

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

11  414.0655, s. 414.075, s. 414.085, s. 414.095, s. 414.105, s.

12  414.115, s. 414.122, s. 414.125, s. 414.13, s. 414.157, s.

13  414.158, s. 414.1585, s. 414.1599, s. 414.16, s. 414.24, s.

14  414.26, s. 414.27, s. 414.32, s. 414.35, s. 414.391, s.

15  414.392, s. 414.70, s. 445.004, s. 445.005, s. 445.006, s.

16  445.007, s. 445.008, s. 445.009, s. 445.010, s. 445.011, s.

17  445.012, s. 445.013, s. 445.017, s. 445.019, s. 445.020, s.

18  445.021, s. 445.022, s. 445.023, s. 445.024, s. 445.025, s.

19  445.026, s. 445.028, s. 445.029, s. 445.030, s. 445.031, and

20  s. 445.032 at which information is discussed which identifies

21  individuals who have applied for or are receiving temporary

22  assistance shall be confidential and exempt from the

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

24  Constitution. This exemption is made in accordance with the

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

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

27  to repeal under s. 119.15.

28         (2)  INFORMATION EXEMPT FROM PUBLIC RECORDS

29  LAW.--Information that identifies individuals who have applied

30  for or are receiving temporary assistance in records held by

31  or acquired by the Department of Children and Family Services,

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    Florida Senate - 2001                           CS for SB 2178
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  1  the Agency for Workforce Innovation, Workforce Florida, Inc.,

  2  the Department of Management Services, the Department of

  3  Health, the Department of Revenue, the Department of

  4  Education, or regional workforce boards, or service providers

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

  6  implementation of s. 414.045, s. 414.065, s. 414.0655, s.

  7  414.075, s. 414.085, s. 414.095, s. 414.105, s. 414.115, s.

  8  414.122, s. 414.125, s. 414.13, s. 414.157, s. 414.158, s.

  9  414.1585, s. 414.1599, s. 414.16, s. 414.24, s. 414.26, s.

10  414.27, s. 414.32, s. 414.35, s. 414.391, s. 414.392, s.

11  414.70, s. 445.004, s. 445.005, s. 445.006, s. 445.007, s.

12  445.008, s. 445.009, s. 445.010, s. 445.011, s. 445.012, s.

13  445.013, s. 445.017, s. 445.019, s. 445.020, s. 445.021, s.

14  445.022, s. 445.023, s. 445.024, s. 445.025, s. 445.026, s.

15  445.028, s. 445.029, s. 445.030, s. 445.031, and s. 445.032 is

16  confidential and exempt from the public records requirements

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

18  Constitution. This exemption is made in accordance with the

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

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

21  to repeal under s. 119.15.

22         (3)  DEFINITION.--As used in this section, the term

23  "temporary assistance" means any cash or services provided

24  with funds from the Temporary Assistance for Needy Families

25  block grant.

26         (4)  RELEASE OF INFORMATION AUTHORIZED FOR SPECIFIED

27  PURPOSES.--Identifying information made confidential and

28  exempt pursuant to this section may be released for purposes

29  directly connected with:

30         (a)  The administration of the temporary assistance for

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

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    Florida Senate - 2001                           CS for SB 2178
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  1  Act, as amended, which may include disclosure of information

  2  within and among the Department of Children and Family

  3  Services, the Agency for Workforce Innovation, Workforce

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

  5  Department of Health, the Department of Revenue, the

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

  7  service providers under contract to any of these entities.

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

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

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

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

12  Social Security Act, as amended.

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

14  civil proceeding conducted in connection with the

15  administration of any of the plans or programs specified in

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

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

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

19  request. Such information shall be disclosed only to law

20  enforcement officers who provide the name of the applicant or

21  recipient and satisfactorily demonstrate that:

22         1.  The applicant or recipient:

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

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

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

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

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

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

29  such state;

30         b.  Is violating a condition of probation or parole

31  imposed under federal or state law; or

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  1         c.  Has information that is necessary for the officer

  2  to conduct the official duties of the officer.

  3         2.  The location or apprehension of the individual is

  4  within the law officer's official duties; and

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

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

  7  proper exercise of those duties.

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

  9  federally assisted program that provides assistance, in cash

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

11  of need.

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

13  expenditure reports or financial review, conducted in

14  connection with the administration of any of the plans or

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

16  governmental entity that is authorized by law to conduct such

17  audit or activity.

18         (f)  The administration of the unemployment

19  compensation program.

20         (g)  The reporting to the appropriate agency or

21  official of information about known or suspected instances of

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

23  negligent treatment or maltreatment of a child or elderly

24  person receiving assistance, under circumstances that indicate

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

26  threatened.

27         (h)  The administration of services to elderly persons

28  under ss. 430.601-430.606.

29

30  Disclosure or publication of any information or lists that

31  identify by name or address any program applicant or

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    Florida Senate - 2001                           CS for SB 2178
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  1  recipient, to any federal, state, or local committee or

  2  legislative body other than in connection with any activity

  3  under this subsection, is prohibited.

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

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

  6  confidential information concerning individuals applying for

  7  or receiving temporary assistance may be made only under a

  8  protocol that maintains standards of confidentiality that are

  9  comparable to those that apply to the department. Regional

10  workforce boards and their employees and contract providers

11  shall meet the same standards of confidentiality as those that

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

13  confidential in this section, the state agencies charged by

14  law to implement the welfare transition program may receive

15  the information.

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

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

18  agency representative to testify concerning information about

19  an applicant or recipient rendered confidential by this

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

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

22  inspection in camera shall be discretionary with the court,

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

24  to maintain appropriate confidentiality.

25         (c)  If information is obtained from program applicants

26  or recipients through an integrated eligibility process such

27  that the requirements of more than one state or federal

28  program apply to the information, the requirements of the

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

30  If the department cannot determine which program is the

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  1  provider of the information, the requirements of each

  2  applicable state or federal program shall be met.

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

  4  public necessity that the records and meetings held pursuant

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

  6  414.075, 414.085, 414.095, 414.105, 414.115, 414.122, 414.125,

  7  414.13, 414.157, 414.158, 414.1585, 414.1599, 414.16, 414.24,

  8  414.26, 414.27, 414.32, 414.35, 414.391, 414.392, 414.70,

  9  445.004, 445.005, 445.006, 445.007, 445.008, 445.009, 445.010,

10  445.011, 445.012, 445.013, 445.017, 445.019, 445.020, 445.021,

11  445.022, 445.023, 445.024, 445.025, 445.026, 445.028, 445.029,

12  445.030, 445.031, and 445.032, Florida Statutes, be held

13  confidential and exempt from the public records and public

14  meetings laws for the following reasons:

15         (a)  The state has compelling interests in ensuring

16  that individuals eligible for temporary assistance enter into

17  and fully participate in welfare transition programs to assist

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

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

20  health. The fear of public disclosure of personal information

21  by applicants for and participants in temporary assistance

22  programs and by their children constitutes a significant

23  disincentive for their full participation in programs to

24  assist in the development of independence and makes more

25  difficult the development of a sense of self-worth that is

26  essential to the process of moving towards independence.

27         (b)  The state has compelling interests in ensuring

28  that meetings concerning temporary assistance cases be able to

29  consider information regarding eligibility for temporary

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

31  other provisions of the program that may require information

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    Florida Senate - 2001                           CS for SB 2178
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  1  from many sources, much of which is subject to federal and

  2  state confidentiality laws.

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

  4  the children of families applying for or receiving temporary

  5  assistance or participating in related intervention programs

  6  from the trauma of public disclosure of personal information.

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

  8  protection of victims of domestic violence. Among applicants

  9  for and recipients of temporary assistance are victims of

10  domestic violence who may be traumatized or placed in danger

11  by public disclosure of their identity, personal address, or

12  other personal information.

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

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

15  access to records and meetings that discuss personal

16  information of applicants for or recipients of temporary cash

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

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

19  law.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 2178

23

24
    Defines "temporary assistance" for the purposes of the bill to
25  include any cash or services provided with TANF funding.

26  Provides consistent reference to "temporary assistance" in
    stipulating the assistance programs to which the public
27  records and public meeting exemption applies.

28  Clarifies that the individuals for whom information in records
    is to be held confidential and exempt from the public records
29  requirements are those who have applied for or are receiving
    temporary assistance.
30

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