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.
   21  Be It Enacted by the Legislature of the State of Florida:
   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         110.12301 Competitive 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 spouse’s 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 child’s or a newborn grandchild’s
   42  eligibility, a government-issued birth certificate.
   43         3. To prove an adopted child’s eligibility:
   44         a. An adoption certificate; or
   45         b. An adoption placement agreement and a petition for
   46  adoption.
   47         4. To prove a stepchild’s eligibility:
   48         a. A government-issued birth certificate for the stepchild;
   49  and
   50         b. The transcript of the subscriber’s 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  subscriber’s spouse as the child’s legal guardian or custodian.
   55         6.To prove a foster child’s eligibility, a copy of the
   56  records showing the subscriber or the subscriber’s spouse as the
   57  child’s foster parent.
   58         7.To prove eligibility of an unmarried child age 26 years
   59  to 30 years:
   60         a.A copy of the child’s government-issued birth
   61  certificate or adoption certificate naming the subscriber or the
   62  subscriber’s spouse as the child’s parent or a copy of the court
   63  order naming the subscriber or the subscriber’s spouse as the
   64  child’s 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 child’s 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 child’s 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 child’s government-issued birth
   76  certificate or adoption certificate naming the subscriber or the
   77  subscriber’s spouse as the child’s parent or a copy of the court
   78  order naming the subscriber or the subscriber’s spouse as the
   79  child’s legal guardian or custodian; and
   80         b.A transcript of the subscriber’s most recently filed tax
   81  return listing the child’s name and the last four digits of the
   82  child’s social security number and identifying the child as the
   83  subscriber’s tax dependent.
   84         9. Any other information necessary to verify the
   85  dependent’s 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.