Florida Senate - 2022                             CS for SB 1526
       
       
        
       By the Committee on Banking and Insurance; and Senator Boyd
       
       
       
       
       
       597-02318-22                                          20221526c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0714, F.S.; providing an exemption from public
    4         records requirements for personal identifying
    5         information and annuity contract numbers of a payee of
    6         a structured settlement and the names of family
    7         members, dependents, and beneficiaries of such payee
    8         contained in the court records for a proceeding for
    9         the approval of the transfer of structured settlement
   10         payment rights; limiting such exemption to a specified
   11         period; providing for future legislative review and
   12         repeal of the exemption; providing a statement of
   13         public necessity; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (l) is added to subsection (1) of
   18  section 119.0714, Florida Statutes, to read:
   19         119.0714 Court files; court records; official records.—
   20         (1) COURT FILES.—Nothing in this chapter shall be construed
   21  to exempt from s. 119.07(1) a public record that was made a part
   22  of a court file and that is not specifically closed by order of
   23  court, except:
   24         (l) Personal identifying information and annuity contract
   25  numbers of a payee of a structured settlement as defined in s.
   26  626.99296(2) and the names of family members, dependents, and
   27  beneficiaries of such payee contained within a court file
   28  relating to a proceeding for the approval of the transfer of
   29  structured settlement payment rights under s. 626.99296. Such
   30  information shall remain exempt from s. 119.07(1) and s. 24(a),
   31  Art. I of the State Constitution during the pendency of the
   32  transfer proceeding and for 6 months after the final court order
   33  approving, or not approving, the transferee’s application. This
   34  paragraph is subject to the Open Government Sunset Review Act in
   35  accordance with s. 119.15 and shall stand repealed on October 2,
   36  2027, unless reviewed and saved from repeal through reenactment
   37  by the Legislature.
   38         Section 2. The Legislature finds that it is a public
   39  necessity that the personal identifying information and annuity
   40  contract numbers of a payee of a structured settlement and the
   41  names of family members, dependents, and beneficiaries of such
   42  payee be made exempt from s. 119.07(1), Florida Statutes, and s.
   43  24(a), Article I of the State Constitution. Recipients of
   44  structured settlements have been targets of criminal and
   45  fraudulent acts based upon publicly available identifying
   46  information and are especially vulnerable during transfer
   47  proceedings to fraudulent actors purporting to be from
   48  legitimate entities. These fraudulent actors may use such
   49  information to intercept transfer payments or obtain other
   50  sensitive information, such as bank account and social security
   51  numbers. The Legislature finds that the harm that may result
   52  from the release of personal identifying information and annuity
   53  contract numbers of a payee of a structured settlement and the
   54  names of family members, dependents, and beneficiaries of such
   55  payee outweighs any public benefit that may be derived from the
   56  disclosure of such information during the specified period.
   57         Section 3. This act shall take effect July 1, 2022.