Bill Amendment: FL S1496 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Records/False Claims Against the State/Department of Legal Affairs

Status: 2013-04-24 - Laid on Table, companion bill(s) passed, see HB 1297 (Ch. 2013-105), CS/CS/HB 935 (Ch. 2013-104) [S1496 Detail]

Download: Florida-2013-S1496-Judiciary_Committee_Amendment_Delete_All_714324.html

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       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   14  repealed on October 2, 2018, unless reviewed and saved from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.