Florida Senate - 2022 SB 1662 By Senator Gruters 23-01528-22 20221662__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 110.12301, F.S.; expanding the types of information 4 that the Department of Management Services or a 5 contractor providing dependent eligibility 6 verification services may require from subscribers in 7 order to establish dependent eligibility for state 8 group insurance program enrollment; deleting a 9 provision requiring the Division of State Group 10 Insurance and the contractor to disclose to 11 subscribers that dependent eligibility verification 12 information may be subject to disclosure and 13 inspection under public records laws under certain 14 circumstances; expanding the public records exemption 15 for information collected by the department to 16 establish dependent eligibility to conform to changes 17 made by the act; providing for future legislative 18 review and repeal; providing a statement of public 19 necessity; providing a contingent effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1.Paragraphs (a) and (b) of subsection (2) and 24 subsection (3) of section 110.12301, Florida Statutes, as 25 amended by SB ____ or similar legislation, are amended to read: 26 110.12301Competitive procurement of postpayment claims 27 review services and dependent eligibility verification services; 28 public records exemption. 29 (2)The Department of Management Services is directed to 30 contract for dependent eligibility verification services for the 31 state group insurance program. 32 (a)The department or the contractor providing dependent 33 eligibility verification services may require the following 34 information from subscribers: 35 1.To prove a spouses eligibility: 36 a.If married less than 12 months and the subscriber and 37 his or her spouse have not filed a joint federal income tax 38 return, a government-issued marriage certificate; or 39 b.If married for 12 or more months, a transcript of the 40 most recently filed federal income tax return. 41 2.To prove a biological childs or a newborn grandchilds 42 eligibility, a government-issued birth certificate. 43 3.To prove an adopted childs eligibility: 44 a.An adoption certificate; or 45 b.An adoption placement agreement and a petition for 46 adoption. 47 4.To prove a stepchilds eligibility: 48 a.A government-issued birth certificate for the stepchild; 49 and 50 b.The transcript of the subscribers most recently filed 51 federal income tax return. 52 5.To prove eligibility of a child under guardianship, a 53 copy of the court order naming the subscriber or the 54 subscribers spouse as the childs legal guardian or custodian. 55 6.To prove a foster childs eligibility, a copy of the 56 records showing the subscriber or the subscribers spouse as the 57 childs foster parent. 58 7.To prove eligibility of an unmarried child age 26 years 59 to 30 years: 60 a.A copy of the childs government-issued birth 61 certificate or adoption certificate naming the subscriber or the 62 subscribers spouse as the childs parent or a copy of the court 63 order naming the subscriber or the subscribers spouse as the 64 childs legal guardian or custodian; 65 b.A copy of the Certification of Over-Age Dependent 66 Eligibility Form; and 67 c.A document confirming the childs enrollment as a 68 student in the current spring, summer, or fall semester, 69 including the name of the child, the name of the school, and the 70 school term, or a bill or statement in the childs name which is 71 dated within the past 60 days and is mailed to the child at an 72 address within this state. 73 8.To prove eligibility for a disabled child age 26 years 74 or older: 75 a.A copy of the childs government-issued birth 76 certificate or adoption certificate naming the subscriber or the 77 subscribers spouse as the childs parent or a copy of the court 78 order naming the subscriber or the subscribers spouse as the 79 childs legal guardian or custodian; and 80 b.A transcript of the subscribers most recently filed tax 81 return listing the childs name and the last four digits of the 82 childs social security number and identifying the child as the 83 subscribers tax dependent. 84 9.Any other information necessary to verify the 85 dependents eligibility for enrollment in the state group 86 insurance program. 87 (b)If a document requested from a subscriber is not 88 confidential or exempt from public records requirements, the 89 division and the contractor shall disclose to all subscribers 90 that such information submitted to verify the eligibility of 91 dependents may be subject to disclosure and inspection under 92 chapter 119. 93 (3)Records collected for purposes of dependent eligibility 94 verification services conducted for the state group insurance 95 program, as authorized under subsection (2), and held by the 96 department are confidential and exempt from s. 119.07(1) and s. 97 24(a), Art. I of the State Constitution. This subsection does 98 not apply to records that are otherwise open for inspection and 99 copying which are held by the department for purposes other than 100 for the performance of dependent eligibility verification 101 services. This subsection is subject to the Open Government 102 Sunset Review Act in accordance with s. 119.15 and shall stand 103 repealed on October 2, 2027 2022, unless reviewed and saved from 104 repeal through reenactment by the Legislature. 105 Section 2.(1)The Legislature finds that it is a public 106 necessity that records collected for the purpose of dependent 107 eligibility verification services conducted for the state group 108 insurance program, as authorized under s. 110.12301(2), Florida 109 Statutes, pursuant to the amendments made by this act, and held 110 by the Department of Management Services be made confidential 111 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 112 Article I of the State Constitution. The existing public records 113 exemption is expanded to include additional records that 114 employees may submit under additional specified eligibility 115 categories as part of the existing dependent eligibility 116 verification process. Such records include records relating to 117 guardianship of a child, the fostering of a child, unmarried 118 adult children, and disabled adult children, which include court 119 orders, foster care records, birth certificates, adoption 120 certificates, student academic and financial records, medical 121 records, and transcripts of filed tax returns. Like other 122 records collected and held by the Department of Management 123 Services for dependent eligibility verification, these records 124 should be protected from public disclosure, as they contain 125 sensitive and personal information that may deter employees from 126 producing them in the absence of the same protections offered in 127 connection with the current eligibility categories. If the 128 public had unfettered access to the information contained within 129 these records, employees and their family members could be 130 placed at increased risk of identity theft and fraud. 131 (2)The Legislature further recognizes that this exemption 132 is narrowly tailored and applies only to those records collected 133 for the purpose of verifying eligible dependents for enrollment 134 in the state group insurance program. 135 Section 3.This act shall take effect on the same date that 136 SB ___ or similar legislation takes effect, if such legislation 137 is adopted in the same legislative session or an extension 138 thereof and becomes a law.