15 | 15 | | An act relating to a review under the Open Government 2 |
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16 | 16 | | Sunset Review Act; amending s. 110.12301, F.S., which 3 |
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17 | 17 | | provides an exemption from public records requirements 4 |
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18 | 18 | | for certain information held by the Department of 5 |
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19 | 19 | | Management Services for verification of dependent 6 |
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20 | 20 | | eligibility; extending the legislative review and 7 |
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21 | 21 | | repeal of the public records exemption to a future 8 |
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22 | 22 | | date; providing a statement of public necessity; 9 |
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23 | 23 | | providing a contingent effective date. 10 |
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24 | 24 | | 11 |
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25 | 25 | | Be It Enacted by the Legislature of the State of Florida: 12 |
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26 | 26 | | 13 |
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27 | 27 | | Section 1. Subsection (3) of section 110.12301, Florida 14 |
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28 | 28 | | Statutes, is amended to read: 15 |
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29 | 29 | | 110.12301 Competitive procurement of postpayment claims 16 |
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30 | 30 | | review services and dependent eligibility verification services; 17 |
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31 | 31 | | public records exemption. — 18 |
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32 | 32 | | (3) Records collected for purposes of dependent 19 |
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33 | 33 | | eligibility verification services conducted for the state group 20 |
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34 | 34 | | insurance program, as authorized under subsection (2), and held 21 |
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35 | 35 | | by the department are confidential and exempt from s. 119.07(1) 22 |
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36 | 36 | | and s. 24(a), Art. I of the State Constitution. This subsection 23 |
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37 | 37 | | does not apply to records that are otherwise open for inspection 24 |
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38 | 38 | | and copying which are held by the department for purposes other 25 |
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46 | 46 | | Page 2 of 3 |
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47 | 47 | | 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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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | than for the performance of dependent eligibility verification 26 |
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52 | 52 | | services. This subsection is subject to the Open Government 27 |
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53 | 53 | | Sunset Review Act in accordance with s. 119.15 and shall stand 28 |
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54 | 54 | | repealed on October 2, 2027 2022, unless reviewed and saved from 29 |
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55 | 55 | | repeal through reenactment by the Legislature. 30 |
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56 | 56 | | Section 2. The Legislature finds that it is a public 31 |
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57 | 57 | | necessity that records collected for the purpose of dependent 32 |
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58 | 58 | | eligibility verification services co nducted for the state group 33 |
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59 | 59 | | insurance program, as authorized under s. 110.12301(2), Florida 34 |
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60 | 60 | | Statutes, as amended by HB 1443 or similar legislation adopted 35 |
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61 | 61 | | during the 2022 Regular Session, held by the Department of 36 |
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62 | 62 | | Management Services be made confidential a nd exempt from s. 37 |
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63 | 63 | | 119.07(1), Florida Statutes, and s. 24(a), Article I of the 38 |
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64 | 64 | | State Constitution. Employees may be required to submit 39 |
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65 | 65 | | sensitive, personal information about their dependents as part 40 |
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66 | 66 | | of the dependent eligibility verification process for the s tate 41 |
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67 | 67 | | group insurance program, including records relating to a 42 |
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68 | 68 | | biological child or stepchild, guardianship of a child, the 43 |
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69 | 69 | | fostering of a child, an unmarried adult child, and a disabled 44 |
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70 | 70 | | adult child. Such information may include court orders, foster 45 |
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71 | 71 | | care records, birth certificates, adoption certificates, student 46 |
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72 | 72 | | academic and financial records, medical records, and transcripts 47 |
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73 | 73 | | of filed tax returns. Without the public records exemption, 48 |
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74 | 74 | | employees may be deterred from providing such sensitive, 49 |
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75 | 75 | | personal information, which would hinder the effective and 50 |
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