HB 1445 2022
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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
110.12301, F.S.; expanding the types of information 3
that the Department of Management Services or a 4
contractor providing dependent eligibility 5
verification services may require from subscribers in 6
order to establish dependent eligibility for state 7
group insurance program enrollment; removing the 8
requirement for certain disclosures by the Division of 9
State Group Insurance and the contractor; expanding 10
the public records exemption for information collected 11
by the department to establish dependent eligibility 12
to conform to changes made by the act; providing for 13
future legislative review and repeal of the exemption; 14
providing a statement of public necessity; providing a 15
contingent effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Paragraphs (c) through (g) of subsection (2) of 20
section 110.12301, Florida Statutes, as amended by HB 1443, 2022 21
Regular Session, are redesignated as paragraphs (b) through (f), 22
respectively, and paragraph (a) and present paragraph (b) of 23
subsection (2) and subsection (3) of that section are amended to 24
read: 25
HB 1445 2022
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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
110.12301 Competitive procurement of postp ayment claims 26
review services; dependent eligibility verification services; 27
public records exemption. — 28
(2) The department may directly provide or contract for 29
dependent eligibility verification services for the state group 30
insurance program. 31
(a) Subscribers must provide all of the following 32
information to the department or the contractor providing 33
dependent eligibility verification services: 34
1. To prove a spouse's eligibility: 35
a. If married fewer than 12 months and the subscriber and 36
his or her spouse have not filed a joint federal income tax 37
return, a government -issued marriage certificate; or 38
b. If married for 12 or more months, a transcript of the 39
most recently filed federal income tax return ; or 40
c. Documents evidencing joint ownership of prop erty and an 41
attestation of the marriage by sworn affidavit consistent with 42
s. 92.50, if the documentation specified in sub -subparagraph a. 43
or sub-subparagraph b. cannot be produced . 44
2. To prove a biological child's or a newborn grandchild's 45
eligibility:, 46
a. A government-issued birth certificate ; or 47
b. An attestation of the subscriber -dependent relationship 48
by sworn affidavit consistent with s. 92.50, if a birth 49
certificate cannot be produced . 50
HB 1445 2022
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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
3. To prove an adopted child's eligibility: 51
a. An adoption certificate; or 52
b. An adoption placement agreement and a petition for 53
adoption; or 54
c. An attestation of the subscriber -dependent relationship 55
by sworn affidavit consistent with s. 92.50, if the 56
documentation specified in sub -subparagraph a. or sub-57
subparagraph b. cannot be produced . 58
4. To prove a stepchild's eligibility: 59
a. A government-issued birth certificate for the 60
stepchild; and 61
b. The transcript of the subscriber's most recently filed 62
federal income tax return. 63
5. To prove a foster child's eligibility, a copy of the 64
records showing the subscriber or the subscriber's spouse as the 65
child's foster parent. 66
6. To prove eligibility of a child who is under a 67
guardianship, a copy of the court order naming the subscriber or 68
the subscriber's spouse as the child's legal guardian or 69
custodian. 70
7. To prove eligibility of an unmarried child between the 71
age of 26 years and 30 years: 72
a. A copy of the child's government -issued birth 73
certificate or adoption certificate naming the subscri ber or the 74
subscriber's spouse as the child's parent or a copy of the court 75
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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
order naming the subscriber or the subscriber's spouse as the 76
child's legal guardian or custodian; 77
b. A copy of a completed Certification of Over -Age 78
Dependent Eligibility Form; and 79
c.(I) A document confirming the child's enrollment as a 80
student at a state university or Florida College System 81
institution, including the child's full legal name, the name of 82
such university or institution, and the school term in which the 83
child is enrolled; or 84
(II) A bill or statement in the child's name that is dated 85
within the past 60 days and is mailed to the child at an address 86
in the state. 87
8. To prove eligibility of a disabled child 26 years of 88
age or older: 89
a. A copy of the child's gove rnment-issued birth 90
certificate or adoption certificate naming the subscriber or the 91
subscriber's spouse as the child's parent, legal guardian, or 92
legal custodian; and 93
b. A transcript of the subscriber's or the subscriber's 94
spouse's most recently filed f ederal income tax return that 95
lists the child's name and last four digits of the child's 96
social security number and identifies the child as a dependent 97
of the subscriber or the subscriber's spouse. 98
5. Any other information necessary to verify the 99
dependent's eligibility for enrollment in the state group 100
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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
insurance program. 101
(b) If a document requested from a subscriber is not 102
confidential or exempt from public records requirements, the 103
division and the contractor shall disclose to all subscribers 104
that such information submitted to verify the eligibility of 105
dependents may be subject to disclosure and inspection under 106
chapter 119. 107
(3) Records collected for purposes of dependent 108
eligibility verification services conducted for the state group 109
insurance program, as authorized under subsection (2), and held 110
by the department are confidential and exempt from s. 119.07(1) 111
and s. 24(a), Art. I of the State Constitution. This subsection 112
does not apply to records that are otherwise open for inspection 113
and copying which are held by the department for purposes other 114
than for the performance of dependent eligibility verification 115
services. This subsection is subject to the Open Government 116
Sunset Review Act in accordance with s. 119.15 and shall stand 117
repealed on October 2, 2027 2022, unless reviewed and saved from 118
repeal through reenactment by the Legislature. 119
Section 2. (1) The Legislature finds that it is a public 120
necessity that records collected for the purpose of dependent 121
eligibility verification services conduc ted for the state group 122
insurance program, as authorized under s. 110.12301(2), Florida 123
Statutes, pursuant to the amendments made by this act, and held 124
by the Department of Management Services be made confidential 125
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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
and exempt from s. 119.07(1), Florida Stat utes, and s. 24(a), 126
Article I of the State Constitution. The existing public records 127
exemption is expanded to include additional records that 128
employees may submit under additional specified eligibility 129
categories as part of the existing dependent eligibili ty 130
verification process. Such records include records relating to 131
guardianship of a child, the fostering of a child, unmarried 132
adult children, and disabled adult children, which include court 133
orders, foster care records, birth certificates, adoption 134
certificates, student academic and financial records, medical 135
records, and transcripts of filed tax returns. Like other 136
records collected and held by the Department of Management 137
Services for dependent eligibility verification, these records 138
should be protected from public disclosure, as they contain 139
sensitive and personal information that may deter employees from 140
producing them in the absence of the same protections offered in 141
connection with the current eligibility categories. If the 142
public had unfettered acces s to the information contained within 143
these records, employees and their family members could be 144
placed at increased risk of identity theft and fraud. 145
(2) The Legislature further recognizes that this exemption 146
is narrowly tailored and applies only to tho se records collected 147
for the purpose of verifying eligible dependents for enrollment 148
in the state group insurance program. 149
Section 3. This act shall take effect on the same date 150
HB 1445 2022
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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
that HB 1443 or similar legislation takes effect , if such 151
legislation is adopted in the same legislative session or an 152
extension thereof and becomes a law. 153