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CS/CS/HB 1445, Engrossed 1 2022 Legislature
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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
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An act relating to a review under the Open Government 2
Sunset Review Act; amending s. 110.12301, F.S., which 3
provides an exemption from public records requirements 4
for certain information held by the Department of 5
Management Services for verification of dependent 6
eligibility; extending the legislative review and 7
repeal of the public records exemption to a future 8
date; providing a statement of public necessity; 9
providing a contingent effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Subsection (3) of section 110.12301, Florida 14
Statutes, is amended to read: 15
110.12301 Competitive procurement of postpayment claims 16
review services and dependent eligibility verification services; 17
public records exemption. — 18
(3) Records collected for purposes of dependent 19
eligibility verification services conducted for the state group 20
insurance program, as authorized under subsection (2), and he ld 21
by the department are confidential and exempt from s. 119.07(1) 22
and s. 24(a), Art. I of the State Constitution. This subsection 23
does not apply to records that are otherwise open for inspection 24
and copying which are held by the department for purposes ot her 25
ENROLLED
CS/CS/HB 1445, Engrossed 1 2022 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1445-04-er
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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
than for the performance of dependent eligibility verification 26
services. This subsection is subject to the Open Government 27
Sunset Review Act in accordance with s. 119.15 and shall stand 28
repealed on October 2, 2027 2022, unless reviewed and saved from 29
repeal through reenactment by the Legislature. 30
Section 2. The Legislature finds that it is a public 31
necessity that records collected for the purpose of dependent 32
eligibility verification services conducted for the state group 33
insurance program, as autho rized under s. 110.12301(2), Florida 34
Statutes, as amended by HB 1443 or similar legislation adopted 35
during the 2022 Regular Session, held by the Department of 36
Management Services be made confidential and exempt from s. 37
119.07(1), Florida Statutes, and s. 2 4(a), Article I of the 38
State Constitution. Employees may be required to submit 39
sensitive, personal information about their dependents as part 40
of the dependent eligibility verification process for the state 41
group insurance program, including records relatin g to a 42
biological child or stepchild, guardianship of a child, the 43
fostering of a child, an unmarried adult child, and a disabled 44
adult child. Such information may include court orders, foster 45
care records, birth certificates, adoption certificates, studen t 46
academic and financial records, medical records, and transcripts 47
of filed tax returns. Without the public records exemption, 48
employees may be deterred from providing such sensitive, 49
personal information, which would hinder the effective and 50
ENROLLED
CS/CS/HB 1445, Engrossed 1 2022 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb1445-04-er
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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
efficient administration of the dependent eligibility 51
verification process for the state group insurance program. 52
Section 3. This act shall take effect on the same date 53
that SB 7026 or similar legislation takes effect , if such 54
legislation is adopted in the same l egislative session or an 55
extension thereof and becomes a law. 56