Florida 2022 Regular Session

Florida House Bill H1413 Latest Draft

Bill / Comm Sub Version Filed 01/28/2022

                               
 
CS/HB 1413  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1413-01-c1 
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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 
 
 
 
A bill to be entitled 1 
An act relating to public records; amending s. 2 
119.0714, F.S.; providing an exemption from public 3 
records requirements for personal identifying 4 
information and annuity contract numbers of a payee of 5 
a structured settlement and the names of family 6 
members, dependents, and beneficiaries of such payee 7 
contained in a court file relating to a proceeding for 8 
the approval of the transfer of structured settlement 9 
payment rights; limiting such exemption to a specified 10 
period; providing for future legislative review and 11 
repeal of the exemption; providing a statement of 12 
public necessity; providing an effective date. 13 
 14 
Be It Enacted by the Legislature of the State of Flori da: 15 
 16 
 Section 1.  Paragraph (l) is added to subsection (1) of 17 
section 119.0714, Florida Statutes, to read: 18 
 119.0714  Court files; court records; official records. — 19 
 (1)  COURT FILES.—Nothing in this chapter shall be 20 
construed to exempt from s. 119.07(1) a public record that was 21 
made a part of a court file and that is not specifically closed 22 
by order of court, except: 23 
 (l)  Personal identifying information and annuity contract 24 
numbers of a payee of a structured settlement as defined in s. 25     
 
CS/HB 1413  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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626.99296(2) and the names of family members, dependents, and 26 
beneficiaries of such payee contained within a court file 27 
relating to a proceeding for the approval of the transfer of 28 
structured settlement payment rights under s. 626.99296. Such 29 
information shall remain exem pt from s. 119.07(1) and s. 24(a), 30 
Art. I of the State Constitution during the pendency of the 31 
transfer proceeding and for 6 months after the final court order 32 
approving or denying the transferee's application. This 33 
paragraph is subject to the Open Governm ent Sunset Review Act in 34 
accordance with s. 119.15 and shall stand repealed on October 2, 35 
2027, unless reviewed and saved from repeal through reenactment 36 
by the Legislature. 37 
 Section 2.  The Legislature finds that it is a public 38 
necessity that the person al identifying information and annuity 39 
contract numbers of a payee of a structured settlement and the 40 
names of family members, dependents, and beneficiaries of such 41 
payee be made exempt from s. 119.07(1), Florida Statutes, and s. 42 
24(a), Article I of the St ate Constitution. Recipients of 43 
structured settlements have been targets of criminal and 44 
fraudulent acts based upon publicly available identifying 45 
information and are especially vulnerable during transfer 46 
proceedings to fraudulent actors purporting to be f rom 47 
legitimate entities. These fraudulent actors may use such 48 
information to intercept transfer payments or obtain other 49 
sensitive information, such as bank account and social security 50     
 
CS/HB 1413  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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numbers. The Legislature finds that the harm that may result 51 
from the release of personal identifying information and annuity 52 
contract numbers of a payee of a structured settlement and the 53 
names of family members, dependents, and beneficiaries of such 54 
payee outweighs any public benefit that may be derived from the 55 
disclosure of such information during the specified period. 56 
 Section 3.  This act shall take effect July 1, 2022. 57