Bill Text: FL S1496 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 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-Introduced.html

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       Florida Senate - 2013                                    SB 1496
       
       
       
       By Senator Thrasher
       
       
       
       
       6-01656B-13                                           20131496__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 68.083,
    3         F.S.; providing an exemption from public records
    4         requirements for the complaint and information held by
    5         the Department of Legal Affairs pursuant to an
    6         investigation of a violation of s. 68.082, F.S.,
    7         relating to false claims against the state; providing
    8         for future legislative review and repeal of the
    9         exemption under the Open Government Sunset Review Act;
   10         providing for specified disclosure; specifying
   11         duration of the exemption; specifying conditions that
   12         constitute an active investigation; providing a
   13         statement of public necessity; providing a contingent
   14         effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (8) is added to section 68.083,
   19  Florida Statutes, to read:
   20         68.083 Civil actions for false claims.—
   21         (8)(a) Except as otherwise provided in this subsection, the
   22  complaint and information held by the department pursuant to an
   23  investigation of a violation of s. 68.082 is confidential and
   24  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   25  Constitution. This paragraph is subject to the Open Government
   26  Sunset Review Act in accordance with s. 119.15 and shall stand
   27  repealed on October 2, 2018, unless reviewed and saved from
   28  repeal through reenactment by the Legislature.
   29         (b) Information made confidential and exempt under
   30  paragraph (a) may be disclosed by the department to a law
   31  enforcement agency or another administrative agency in the
   32  performance of its official duties and responsibilities.
   33         (c) Information made confidential and exempt under
   34  paragraph (a) is no longer confidential and exempt once the
   35  investigation is completed or ceases to be active unless
   36  disclosure of the information would:
   37         1. Jeopardize the integrity of another active
   38  investigation;
   39         2. Reveal investigative techniques or procedures; or
   40         3. Reveal trade secrets as defined in s. 688.002.
   41         (d) For purposes of this subsection, an investigation is
   42  considered active if the investigation is proceeding with
   43  reasonable dispatch and the department has a reasonable, good
   44  faith belief that the investigation could lead to the filing of
   45  an administrative, civil, or criminal proceeding.
   46         Section 2. The Legislature finds that it is a public
   47  necessity that the complaint and information held by the
   48  Department of Legal Affairs pursuant to an investigation of a
   49  violation of s. 68.082, Florida Statutes, relating to false
   50  claims against the state, be held confidential and exempt from
   51  public records requirements. Because a false claims
   52  investigation conducted by the Department of Legal Affairs may
   53  lead to the filing of an administrative or civil proceeding, the
   54  premature release of the complaint and information held by the
   55  department could frustrate or thwart the investigation and
   56  impair the ability of the department to effectively and
   57  efficiently administer its duties under the Florida False Claims
   58  Act, ss. 68.081-68.092, Florida Statutes. This exemption also
   59  protects the reputation of the named defendant in the event the
   60  allegations of the qui tam complaint ultimately prove to be
   61  unfounded. Without this exemption, a plaintiff can subject a
   62  defendant to serious fraud allegations in the name of the State
   63  of Florida merely by filing a qui tam complaint. Additionally,
   64  given the department’s subpoena powers for all qui tam
   65  investigations, this exemption, which mirrors the existing
   66  statutory exemption in s. 409.913(12), Florida Statutes, for
   67  information obtained during investigations of Medicaid claims,
   68  is especially appropriate. Therefore, the Legislature finds that
   69  it is a public necessity that the complaint and information held
   70  by the Department of Legal Affairs pursuant to an investigation
   71  of a violation of s. 68.082, Florida Statutes, relating to false
   72  claims against the state, be held confidential and exempt from
   73  public records requirements.
   74         Section 3. This act shall take effect on the same date that
   75  SB ____ or similar legislation takes effect if such legislation
   76  is adopted in the same legislative session, or an extension
   77  thereof, and becomes law.