HB 313 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0313-00
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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
A bill to be entitled 1
An act relating to public records; amending s. 2
119.071, F.S.; defining the terms "identification and 3
location information" and "servicemember"; providing 4
an exemption from public records requirements for 5
identification and location information of 6
servicemembers and the spouses and dependents of 7
servicemembers; providing applicability; providing for 8
future legislative review and repeal of the exemption; 9
providing a statement of public necessity; providing 10
an effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Paragraph (k) is added to subsection (5) of 15
section 119.071, Florida Statutes, to read: 16
119.071 General exempt ions from inspection or copying of 17
public records.— 18
(5) OTHER PERSONAL INFORMATION. — 19
(k)1. For purposes of this paragraph, the term: 20
a. "Identification and location information" means the: 21
(I) Home address, telephone number, and date of birth of a 22
servicemember, and the telephone number associated with a 23
servicemember's personal communication device. 24
HB 313 2023
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hb0313-00
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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
(II) Home address, telephone number, date of birth, and 25
place of employment of the spouse or dependent of a 26
servicemember, and the telephone number a ssociated with such 27
spouse's or dependent's personal communication device. 28
(III) Name and location of a school attended by the spouse 29
of a servicemember or a school or day care facility attended by 30
a dependent of a servicemember. 31
b. "Servicemember" mea ns a current or former member of the 32
Armed Forces of the United States, a reserve component of the 33
Armed Forces of the United States, or the National Guard, who 34
served after September 11, 2001. 35
2. Identification and location information held by an 36
agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the 37
State Constitution if a servicemember submits to an agency that 38
has custody of the identification and location information: 39
a. A written request to exempt the identification and 40
location information from public disclosure; and 41
b. A written statement that he or she has made reasonable 42
efforts to protect the identification and location information 43
from being accessible through other means available to the 44
public. 45
3. This exemption applies to identification and location 46
information held by an agency before, on, or after the effective 47
date of this exemption. 48
4. This paragraph is subject to the Open Government Sunset 49
HB 313 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0313-00
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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
Review Act in accordance with s. 119.15 and shall stand repealed 50
on October 2, 2028, unless reviewed and saved from repeal 51
through reenactment by the Legislature. 52
Section 2. The Legislature finds that it is a public 53
necessity that identification and location information of 54
current or former members of the Armed Forces of the Uni ted 55
States, a reserve component of the Armed Forces of the United 56
States, or the National Guard, who served after September 11, 57
2001, and their spouses and dependents, that is held by an 58
agency be made exempt from s. 119.07(1), Florida Statutes, and 59
s. 24(a), Article I of the State Constitution. Servicemembers 60
perform among the most critical, most effective, and most 61
dangerous operations in defense of our nation's freedom. 62
Terrorist groups have threatened servicemembers and their 63
families and have encourage d terrorist sympathizers to harm 64
servicemembers and their families within the United States. One 65
terrorist group has allegedly gathered the photographs and home 66
addresses of servicemembers from public sources to create and 67
publish a list of servicemembers in order to make such persons 68
vulnerable to an act of terrorism. The Legislature finds that 69
allowing continued public access to the identification and 70
location information of current or former servicemembers and 71
their families jeopardizes the safety of ser vicemembers, their 72
spouses, and their dependents. The Legislature finds that 73
protecting the safety and security of current or former members 74
HB 313 2023
CODING: Words stricken are deletions; words underlined are additions.
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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
of the Armed Forces of the United States, a reserve component of 75
the Armed Forces of the United States, or the Nati onal Guard, 76
who served after September 11, 2001, and their spouses and 77
dependents, outweighs any public benefit that may be derived 78
from the public disclosure of the identification and location 79
information. 80
Section 3. This act shall take effect upon becoming a law. 81