FL
Florida House Bill H1413

Florida 2022 Regular Session

Florida House Bill H1413 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
1616 119.0714, F.S.; providing an exemption from public 3
1717 records requirements for personal identifying 4
1818 information and annuity contract numbers of a payee of 5
1919 a structured settlement and the names of family 6
20-members, dependents, and beneficiaries of such payee 7
21-contained in a court file relating to a proceeding for 8
22-the approval of the transfer of structured settlement 9
23-payment rights; limiting such exemption to a specified 10
24-period; providing for future legislative review and 11
25-repeal of the exemption; providing a statement of 12
26-public necessity; providing an effective date. 13
27- 14
28-Be It Enacted by the Legislature of the State of Flori da: 15
29- 16
30- Section 1. Paragraph (l) is added to subsection (1) of 17
31-section 119.0714, Florida Statutes, to read: 18
32- 119.0714 Court files; court records; official records. — 19
33- (1) COURT FILES.—Nothing in this chapter shall be 20
34-construed to exempt from s. 119.07(1) a public record that was 21
35-made a part of a court file and that is not specifically closed 22
36-by order of court, except: 23
37- (l) Personal identifying information and annuity contract 24
38-numbers of a payee of a structured settlement as defined in s. 25
20+members, dependents, and beneficiaries of such payee; 7
21+providing for future legislative review and repeal of 8
22+the exemption; providing a statement of public 9
23+necessity; providing an effective date. 10
24+ 11
25+Be It Enacted by the Legislature of the State of Florida: 12
26+ 13
27+ Section 1. Paragraph (l) is added to subsection (1) of 14
28+section 119.0714, Florida Statutes, to read: 15
29+ 119.0714 Court files; court records; official records. — 16
30+ (1) COURT FILES.—Nothing in this chapter shall be 17
31+construed to exempt from s. 119.07(1) a public record that was 18
32+made a part of a court file and that is not specifically closed 19
33+by order of court, except: 20
34+ (l) Personal identifying information and annuity con tract 21
35+numbers of a payee of a structured settlement as defined in s. 22
36+626.99296(2) and the names of family members, dependents, and 23
37+beneficiaries of such payee are exempt from s. 119.07(1) and s. 24
38+24(a), Art. I of the State Constitution. This paragraph is 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-626.99296(2) and the names of family members, dependents, and 26
52-beneficiaries of such payee contained within a court file 27
53-relating to a proceeding for the approval of the transfer of 28
54-structured settlement payment rights under s. 626.99296. Such 29
55-information shall remain exem pt from s. 119.07(1) and s. 24(a), 30
56-Art. I of the State Constitution during the pendency of the 31
57-transfer proceeding and for 6 months after the final court order 32
58-approving or denying the transferee's application. This 33
59-paragraph is subject to the Open Governm ent Sunset Review Act in 34
60-accordance with s. 119.15 and shall stand repealed on October 2, 35
61-2027, unless reviewed and saved from repeal through reenactment 36
62-by the Legislature. 37
63- Section 2. The Legislature finds that it is a public 38
64-necessity that the person al identifying information and annuity 39
51+subject to the Open Government Sunset Review Act in accordance 26
52+with s. 119.15 and shall stand repealed on October 2, 2027, 27
53+unless reviewed and saved from repeal through reenactment by the 28
54+Legislature. 29
55+ Section 2. The Legislature finds that it is a public 30
56+necessity that the personal identifying information and annuity 31
57+contract numbers of a payee of a structured settlement and the 32
58+names of family members, dependents, and beneficiaries of such 33
59+payee be made exempt from s. 119.07(1), Florida Statutes, and s. 34
60+24(a), Article I of the State Constitution. Recipients of 35
61+structured settlements have been targets of criminal and 36
62+fraudulent acts based upon publicly available identifying 37
63+information. The Legislature finds that the harm that may result 38
64+from the release of personal identifying information and annuity 39
6565 contract numbers of a payee of a structured settlement and the 40
6666 names of family members, dependents, and beneficiaries of such 41
67-payee be made exempt from s. 119.07(1), Florida Statutes, and s. 42
68-24(a), Article I of the St ate Constitution. Recipients of 43
69-structured settlements have been targets of criminal and 44
70-fraudulent acts based upon publicly available identifying 45
71-information and are especially vulnerable during transfer 46
72-proceedings to fraudulent actors purporting to be f rom 47
73-legitimate entities. These fraudulent actors may use such 48
74-information to intercept transfer payments or obtain other 49
75-sensitive information, such as bank account and social security 50
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84-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-numbers. The Legislature finds that the harm that may result 51
89-from the release of personal identifying information and annuity 52
90-contract numbers of a payee of a structured settlement and the 53
91-names of family members, dependents, and beneficiaries of such 54
92-payee outweighs any public benefit that may be derived from the 55
93-disclosure of such information during the specified period. 56
94- Section 3. This act shall take effect July 1, 2022. 57
67+payee outweighs any public benefit that may be derived from the 42
68+disclosure of such i nformation. 43
69+ Section 3. This act shall take effect July 1, 2022. 44