Senate Bill sb2178c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                    CS for CS for SB 2178

    By the Committees on Governmental Oversight and Productivity;
    Children and Families; and Senator Peaden




    302-1944-01

  1                      A bill to be entitled

  2         An act relating to public meetings and public

  3         records; creating s. 414.106, F.S.; providing

  4         an exemption from the public-meetings law for

  5         meetings or portions of meetings held by the

  6         Department of Children and Family Services,

  7         Workforce Florida, Inc., a regional workforce

  8         board, or a local committee at which personal

  9         identifying information contained in records

10         relating to temporary cash assistance which

11         identifies a participant, family, or family or

12         household member is discussed; providing for

13         future legislative review and repeal; amending

14         s. 445.007, F.S.; providing an exemption from

15         the public-meetings law for meetings or

16         portions of meetings held by Workforce Florida,

17         Inc., a regional workforce board, or a local

18         committee at which personal identifying

19         information contained in records relating to

20         temporary cash assistance which identifies a

21         participant, family, or family or household

22         member is discussed; providing for future

23         legislative review and repeal; creating s.

24         414.295, F.S.; providing an exemption from

25         public-records requirements for personal

26         identifying information contained in records

27         relating to temporary cash assistance which

28         identifies a participant, family, or family or

29         household member which is held by the

30         Department of Children and Family Services, the

31         Agency for Workforce Innovation, Workforce

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1         Florida, Inc., the Department of Management

  2         Services, the Department of Health, the

  3         Department of Revenue, the Department of

  4         Education, a regional workforce board, or a

  5         local committee or any service provider under

  6         contract with any such entity; authorizing

  7         release of confidential information under

  8         specified circumstances; providing for future

  9         legislative review and repeal; providing a

10         finding of public necessity; providing an

11         effective date.

12

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

14

15         Section 1.  Section 414.106, Florida Statutes, is

16  created to read:

17         414.106  Exemption from public-meetings law.--Any

18  meeting or portion of a meeting held by the department,

19  Workforce Florida, Inc., or a regional workforce board or

20  local committee created pursuant to s. 445.007 at which

21  personal identifying information contained in records relating

22  to temporary cash assistance is discussed is exempt from s.

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

24  information identifies a participant, a participant's family,

25  or a participant's family or household member. This section is

26  subject to the Open Government Sunset Review Act of 1995 in

27  accordance with s. 119.15 and shall stand repealed on October

28  2, 2006, unless reviewed and saved from repeal through

29  reenactment by the Legislature.

30         Section 2.  Section 445.007, Florida Statutes, is

31  amended to read:

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1         445.007  Regional workforce boards; exemption from

  2  public-meetings law.--

  3         (1)  One regional workforce board shall be appointed in

  4  each designated service delivery area and shall serve as the

  5  local workforce investment board pursuant to Pub. L. No.

  6  105-220. The membership of the board shall be consistent with

  7  Pub. L. No. 105-220, Title I, s. 117(b), and contain one

  8  representative from a nonpublic postsecondary educational

  9  institution that is an authorized individual training account

10  provider within the region and confers certificates and

11  diplomas, one representative from a nonpublic postsecondary

12  educational institution that is an authorized individual

13  training account provider within the region and confers

14  degrees, and three representatives of organized labor.

15  Individuals serving as members of regional workforce

16  development boards or local WAGES coalitions, as of June 30,

17  2000, are eligible for appointment to regional workforce

18  boards, pursuant to this section. The importance of minority

19  and gender representation shall be considered when making

20  appointments to the board. If the regional workforce board

21  enters into a contract with an organization or individual

22  represented on the board of directors, the contract must be

23  approved by a two-thirds vote of the entire board, and the

24  board member who could benefit financially from the

25  transaction must abstain from voting on the contract. A board

26  member must disclose any such conflict in a manner that is

27  consistent with the procedures outlined in s. 112.3143.

28         (2)  Workforce Florida, Inc., will determine the

29  timeframe and manner of changes to the regional workforce

30  boards as required by this chapter and Pub. L. No. 105-220.

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1         (3)  Workforce Florida, Inc., shall assign staff to

  2  meet with each regional workforce board annually to review the

  3  board's performance and to certify that the board is in

  4  compliance with applicable state and federal law.

  5         (4)  In addition to the duties and functions specified

  6  by Workforce Florida, Inc., and by the interlocal agreement

  7  approved by the local county or city governing bodies, the

  8  regional workforce board shall have the following

  9  responsibilities:

10         (a)  Develop, submit, ratify, or amend the local plan

11  pursuant to Pub. L. No. 105-220, Title I, s. 118, and the

12  provisions of this act.

13         (b)  Conclude agreements necessary to designate the

14  fiscal agent and administrative entity. A public or private

15  entity, including an entity established pursuant to s. 163.01,

16  which makes a majority of the appointments to a regional

17  workforce board may serve as the board's administrative entity

18  if approved by Workforce Florida, Inc., based upon a showing

19  that a fair and competitive process was used to select the

20  administrative entity.

21         (c)  Complete assurances required for the charter

22  process of Workforce Florida, Inc., and provide ongoing

23  oversight related to administrative costs, duplicated

24  services, career counseling, economic development, equal

25  access, compliance and accountability, and performance

26  outcomes.

27         (d)  Oversee the one-stop delivery system in its local

28  area.

29         (5)  Workforce Florida, Inc., shall implement a

30  training program for the regional workforce boards to

31  familiarize board members with the state's workforce

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1  development goals and strategies. The regional workforce board

  2  shall designate all local service providers and shall not

  3  transfer this authority to a third party.  In order to

  4  exercise independent oversight, the regional workforce board

  5  shall not be a direct provider of intake, assessment,

  6  eligibility determinations, or other direct provider services.

  7         (6)  Regional workforce boards may appoint local

  8  committees to obtain technical assistance on issues of

  9  importance, including those issues affecting older workers.

10         (7)  Each regional workforce board shall establish by

11  October 1, 2000, a High Skills/High Wages committee consisting

12  of at least five private-sector business representatives

13  appointed in consultation with local chambers of commerce by

14  the primary county economic development organization within

15  the region, as identified by Enterprise Florida, Inc.; a

16  representative of each primary county economic development

17  organization within the region; the regional workforce board

18  chair; the presidents of all community colleges within the

19  board's region; those district school superintendents with

20  authority for conducting postsecondary educational programs

21  within the region; and two representatives from nonpublic

22  postsecondary educational institutions that are authorized

23  individual training account providers within the region,

24  appointed by the chair of the regional workforce board. If

25  possible, one of the nonpublic educational institutions

26  represented must be accredited by the Southern Association of

27  Colleges and Schools. The business representatives appointed

28  by the primary county economic development organizations need

29  not be members of the regional workforce board and shall

30  represent those industries that are of primary importance to

31  the region's current and future economy. In a multicounty

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1  region, each primary county economic development organization

  2  within the region shall appoint at least one business

  3  representative and shall consult with the other primary county

  4  economic development organizations within the region to make

  5  joint appointments when necessary.

  6         (a)  At least annually, each High Skills/High Wages

  7  committee shall submit recommendations to Workforce Florida,

  8  Inc., related to:

  9         1.  Policies to enhance the responsiveness of High

10  Skills/High Wages programs in its region to business and

11  economic development opportunities.

12         2.  Integrated use of state education and federal

13  workforce development funds to enhance the training and

14  placement of designated population individuals with local

15  businesses and industries.

16         (b)  The committees shall also make reports to

17  Workforce Florida, Inc., annually, on dates specified by

18  Workforce Florida, Inc., that identify occupations in the

19  region deemed critical to business retention, expansion, and

20  recruitment activities, based on guidelines set by Workforce

21  Florida, Inc. Such guidelines shall include research of the

22  workforce needs of private employers in the region, in

23  consultation with local chambers of commerce and economic

24  development organizations. Occupations identified pursuant to

25  this paragraph shall be considered by Workforce Florida, Inc.,

26  for inclusion in the region's targeted occupation list.

27         (8)  Each regional workforce board shall establish a

28  Better Jobs/Better Wages committee consisting of at least five

29  members. Initial appointments to this committee shall include

30  at least three members of the local WAGES coalition,

31  established pursuant to chapter 96-175, Laws of Florida.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1         (9)  Each regional workforce board shall establish a

  2  First Jobs/First Wages committee consisting of at least five

  3  members. This committee shall serve as the youth council for

  4  purposes of Pub. L. No. 105-220.

  5         (10)  The importance of minority and gender

  6  representation shall be considered when appointments are made

  7  to any committee established by the regional workforce board.

  8         (11)  For purposes of procurement, regional workforce

  9  boards and their administrative entities are not state

10  agencies, but the boards and their administrative entities

11  must comply with state procurement laws and procedures until

12  Workforce Florida, Inc., adopts the provisions or alternative

13  procurement procedures that meet the requirements of federal

14  law. All contracts executed by regional workforce boards must

15  include specific performance expectations and deliverables.

16         (12)  Any meeting or portion of a meeting held by

17  Workforce Florida, Inc., or a regional workforce board or a

18  local committee created under this section at which personal

19  identifying information contained in records relating to

20  temporary cash assistance, as defined in s. 414.0252, is

21  discussed is exempt from s. 286.011 and s. 24(b), Art. I of

22  the State Constitution if the information identifies a

23  participant, a participant's family, or a participant's family

24  or household member, as defined in s. 414.0252. This

25  subsection is subject to the Open Government Sunset Review Act

26  of 1995 in accordance with s. 119.15 and shall stand repealed

27  on October 2, 2006, unless reviewed and saved from repeal

28  through reenactment by the Legislature.

29         Section 3.  Section 414.295, Florida Statutes, is

30  created to read:

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1         414.295  Temporary assistance programs; public-records

  2  exemption.--

  3         (1)  Personal identifying information contained in

  4  records relating to temporary cash assistance which identifies

  5  a participant, a participant's family, or a participant's

  6  family or household member, except for information identifying

  7  a noncustodial parent, and which is held by the department,

  8  the Agency for Workforce Innovation, Workforce Florida, Inc.,

  9  the Department of Management Services, the Department of

10  Health, the Department of Revenue, the Department of

11  Education, a regional workforce board or local committee

12  created pursuant to s. 445.007, or any service provider under

13  contract with any such entity, shall be held confidential and

14  exempt from the requirements of s. 119.07(1) and s. 24(a),

15  Art. I of the State Constitution. Such information made

16  confidential and exempt may be released for purposes directly

17  connected with:

18         (a)  The administration of the temporary assistance for

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

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

21  within and among the department, the Agency for Workforce

22  Innovation, Workforce Florida, Inc., the Department of

23  Management Services, the Department of Health, the Department

24  of Revenue, the Department of Education, a regional workforce

25  board or local committee created pursuant to s. 445.007, or

26  any service provider under contract with any such entity.

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

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

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

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

31  Social Security Act, as amended.

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1         (c)  Any investigation, any prosecution, or any

  2  criminal, civil, or administrative proceeding conducted in

  3  connection with the administration of any of the plans or

  4  programs specified in paragraph (a) or paragraph (b). Such

  5  information shall be disclosed to a federal, state, or local

  6  governmental entity, upon request by that entity, when such

  7  request is made pursuant to the proper exercise of that

  8  entity's duties and responsibilities.

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

10  federally assisted program that provides assistance or

11  services on the basis of need, in cash or in kind, directly to

12  a participant.

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

14  expenditure reports or financial review, conducted in

15  connection with the administration of any of the plans or

16  programs specified in paragraph (a) or paragraph (b) by a

17  governmental entity authorized by law to conduct such audit or

18  activity.

19         (f)  The administration of the employment compensation

20  program.

21         (g)  The reporting to the appropriate agency or

22  official of information concerning known or suspected

23  instances of physical or mental injury, sexual abuse or

24  exploitation, or negligent treatment or maltreatment of a

25  child or elderly person receiving assistance if circumstances

26  indicate that the health or welfare of the child or elderly

27  person is threatened.

28         (h)  The administration of services to elderly persons

29  under ss. 430.061-430.606.

30         (2)  If a subpoena is received for any information made

31  confidential and exempt by this section, the public record or

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1  part thereof in question shall be submitted to the court for

  2  an inspection in camera. The court may make such provisions as

  3  it finds necessary to maintain appropriate confidentiality.

  4  Except pursuant to court order, the receiving entities shall

  5  maintain the confidential and exempt status of such personal

  6  identifying information as otherwise provided for in this

  7  section.

  8         (3)  If information is obtained from a participant

  9  through an integrated eligibility process so that the

10  requirements of more than one state or federal program apply

11  to the information, the requirements of the program that is

12  the provider of the information shall prevail. If the

13  department cannot determine which program is the provider of

14  the information, the requirements of each applicable state or

15  federal program must be met.

16         (4)  This section is subject to the Open Government

17  Sunset Review Act of 1995 in accordance with s. 119.15 and

18  shall stand repealed on October 2, 2006, unless reviewed and

19  saved from repeal through reenactment by the Legislature.

20         Section 4.  The Legislature finds that the exemptions

21  created by this act are a public necessity because the state

22  has a compelling interest in ensuring that such participants,

23  family, or family and household members fully participate in

24  welfare transition programs in order to assist them in

25  attaining self-sufficiency, including programs that address

26  problems involving illiteracy, substance abuse, and mental

27  health. The fear of public disclosure of personal identifying

28  information at such meetings and contained in such records

29  constitutes a significant disincentive for full participation

30  in programs that assist in the development of independence and

31  makes the development of a sense of self-worth which is

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                    CS for CS for SB 2178
    302-1944-01




  1  essential to the development of independence more difficult.

  2  The state also has a compelling interest in ensuring that in

  3  meetings concerning assistance cases the parties present are

  4  able to consider information regarding eligibility for

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

  6  other provisions of the program which may require information

  7  from many sources. The state has a compelling interest in

  8  protecting the family and household members of participants

  9  applying for or receiving assistance or participating in

10  related intervention programs from the trauma of public

11  disclosure of their financial situations. In addition, the

12  state has a compelling interest in holding certain meetings

13  exempt and certain information confidential and exempt in

14  order to protect participants who are victims of domestic

15  violence.

16         Section 5.  This act shall take effect upon becoming a

17  law.

18

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                            CS/SB 2178

21

22  Clarifies and explicates the exemption.

23  Tailors the statement of public necessity to the exemption.

24

25

26

27

28

29

30

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.