CS/HB 313 2023
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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 "special operations forces"; 4
providing an exemption from public records 5
requirements for identification and location 6
information of current and former servicemembers of 7
special operations forces and their spouses and 8
dependents; providing applicability; providing for 9
future legislative review and repeal of the exemption; 10
providing a statement of public necessity; providing 11
an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Paragraph (k) is added to subsection (5) of 16
section 119.071, Florid a Statutes, to read: 17
119.071 General exemptions from inspection or copying of 18
public records.— 19
(5) OTHER PERSONAL INFORMATION. — 20
(k)1. For purposes of this paragraph, the term: 21
a. "Identification and location information" means the: 22
(I) Home address, telephone number, and date of birth of a 23
current or former servicemember of a special operations force, 24
and the telephone number associated with the personal 25
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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
communication device of a current or former servicemember of a 26
special operations force. 27
(II) Home address, telephone number, and date of birth of 28
the spouse or dependent of a current or former servicemember of 29
a special operations force, and the telephone number associated 30
with such spouse's or dependent's personal communication device. 31
(III) Name and location of a school attended by the spouse 32
of a current or former servicemember of a special operations 33
force or a school or day care facility attended by a dependent 34
of a current or former servicemember of a special operations 35
force. 36
b. "Special operations forces" has the same meaning as 37
provided in s. 943.10(22). 38
2. Identification and location information held by an 39
agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the 40
State Constitution if a current or former servicemember of a 41
special operations force submits to an agency that has custody 42
of the identification and location information: 43
a. A written request to exempt the identification and 44
location information from public disclosure; and 45
b. A written statement that he or she has made reasonable 46
efforts to protect the identification and location information 47
from being accessible through other means available to the 48
public. 49
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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
3. This exemption applies to identification and location 50
information held by an agency before, on, or after the effective 51
date of this exemption. 52
4. This paragraph is subject to the Open Government Sunset 53
Review Act in accordance with s. 119.15 and shall stand repealed 54
on October 2, 2028, unless reviewed and saved from repeal 55
through reenactment by the Legisl ature. 56
Section 2. The Legislature finds that it is a public 57
necessity that identification and location information of 58
current and former servicemembers of special operations forces, 59
and their spouses and dependents, that is held by an agency be 60
made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 61
Article I of the State Constitution. These servicemembers 62
perform among the most critical, most effective, and most 63
dangerous operations in defense of our nation's freedom. 64
Terrorist groups have threa tened servicemembers and their 65
families and have encouraged terrorist sympathizers to harm 66
servicemembers and their families within the United States. One 67
terrorist group has allegedly gathered the photographs and home 68
addresses of servicemembers from publ ic sources to create and 69
publish a list of servicemembers in order to make such persons 70
vulnerable to an act of terrorism. The Legislature finds that 71
allowing continued public access to the identification and 72
location information of current and former serv icemembers of 73
special operations forces and their families jeopardizes the 74
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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
safety of these servicemembers, their spouses, and their 75
dependents. The Legislature finds that protecting the safety and 76
security of current and former servicemembers of special 77
operations forces, and their spouses and dependents, outweighs 78
any public benefit that may be derived from the public 79
disclosure of the identification and location information. 80
Section 3. This act shall take effect upon becoming a law. 81