Bill Text: FL S1496 | 2013 | Regular Session | Comm Sub

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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-Comm_Sub.html

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       Florida Senate - 2013                             CS for SB 1496
       
       
       
       By the Committee on Judiciary; and Senator Thrasher
       
       
       
       
       590-02618-13                                          20131496c1
    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 a complaint and other information
    5         held by 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 under
   12         which an investigation is considered completed;
   13         providing a statement of public necessity; providing a
   14         contingent 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 other information held by the department pursuant
   23  to an investigation of a violation of s. 68.082 is confidential
   24  and 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   27  repealed on October 2, 2018, unless reviewed and saved from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, unless the information is otherwise
   36  protected by law.
   37         (d) For purposes of this subsection, an investigation is
   38  completed:
   39         1. Under subsection (1) once the department files its own
   40  action or closes its investigation without filing an action.
   41         2. Under subsection (2) upon the unsealing of the qui tam
   42  action or upon the voluntary dismissal of the qui tam action
   43  prior to the unsealing.
   44         Section 2. The Legislature finds that it is a public
   45  necessity that the complaint and other information held by the
   46  Department of Legal Affairs pursuant to an investigation of a
   47  violation of s. 68.082, Florida Statutes, relating to false
   48  claims against the state, be held confidential and exempt from
   49  public records requirements. Because a false claims
   50  investigation conducted by the Department of Legal Affairs may
   51  lead to the filing of an administrative or civil proceeding, the
   52  premature release of the complaint or other information held by
   53  the department could frustrate or thwart the investigation and
   54  impair the ability of the department to effectively and
   55  efficiently administer its duties under the Florida False Claims
   56  Act, ss. 68.081-68.092, Florida Statutes. This exemption also
   57  protects the reputation of the named defendant in the event the
   58  allegations of the qui tam complaint ultimately prove to be
   59  unfounded. Without this exemption, a plaintiff can subject a
   60  defendant to serious fraud allegations in the name of the state
   61  merely by filing a qui tam complaint. Additionally, given the
   62  department’s subpoena powers for all qui tam investigations,
   63  this exemption, which mirrors the existing statutory exemption
   64  in s. 409.913(12), Florida Statutes, for information obtained
   65  during investigations of Medicaid fraud and abuse claims, is
   66  especially appropriate. Therefore, the Legislature finds that it
   67  is a public necessity that the complaint and information held by
   68  the Department of Legal Affairs pursuant to an investigation of
   69  a violation of s. 68.082, Florida Statutes, relating to false
   70  claims against the state, be held confidential and exempt from
   71  public records requirements.
   72         Section 3. This act shall take effect on the same date that
   73  SB 1494 or similar legislation takes effect, if such legislation
   74  is adopted in the same legislative session or an extension
   75  thereof and becomes a law.