FL
Florida House Bill H0313

Florida 2023 Regular Session

Florida House Bill H0313 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 2
16-119.071, F.S.; providing definitions; providing an 3
17-exemption from public records requirements for 4
18-identification and location information of current and 5
19-former military personnel and their spouses and 6
20-dependents; providing applicability; providing for 7
21-future legislative review and repeal of the exemption; 8
22-providing a statement of public necessity; providing 9
23-an effective date. 10
24- 11
25-Be It Enacted by the Legislature of the State of Florida: 12
16+119.071, F.S.; defining the terms "identification and 3
17+location information" and "special operations forces"; 4
18+providing an exemption from public records 5
19+requirements for identification and location 6
20+information of current and former servicemembers of 7
21+special operations forces and their spouses and 8
22+dependents; providing applicability; providing for 9
23+future legislative review and repeal of the exemption; 10
24+providing a statement of public necessity; providing 11
25+an effective date. 12
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27- Section 1. Paragraph (k) is added to subsection (5) of 14
28-section 119.071, Florida Statutes, to read: 15
29- 119.071 General exemptions from inspection or copying of 16
30-public records.— 17
31- (5) OTHER PERSONAL INFORMATION. — 18
32- (k)1. For purposes of this paragraph, the term: 19
33- a. "Identification and location information" means the: 20
34- (I) Home addresses, telephone numbers, and dates of birth 21
35-of current and former military personnel, and the teleph one 22
36-numbers associated with the personal communication devices of 23
37-current and former military personnel. 24
27+Be It Enacted by the Legislature of the State of Florida: 14
28+ 15
29+ Section 1. Paragraph (k) is added to subsection (5) of 16
30+section 119.071, Florid a Statutes, to read: 17
31+ 119.071 General exemptions from inspection or copying of 18
32+public records.— 19
33+ (5) OTHER PERSONAL INFORMATION. — 20
34+ (k)1. For purposes of this paragraph, the term: 21
35+ a. "Identification and location information" means the: 22
36+ (I) Home address, telephone number, and date of birth of a 23
37+current or former servicemember of a special operations force, 24
38+and the telephone number associated with the personal 25
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4647 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
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50- (II) Home addresses, telephone numbers, and dates of birth 25
51-of the spouses and dependents of current and former military 26
52-personnel, and the telephone numbers associated with the 27
53-personal communication devices of such spouses and dependents. 28
54- (III) Names and locations of schools attended by the 29
55-spouses of current and former military personnel and schools or 30
56-day care facilities attended by dependents of current and former 31
57-military personnel. 32
58- b. "Military personnel" means persons employed by the 33
59-United States Department of Defense who are authorized to access 34
60-information that is deemed "secret" or "top secret" by the 35
61-Federal Government or who are service members of a special 36
62-operations force. 37
63- c. "Special operations force" has the same meaning as 38
64-provided in s. 943.10(22). 39
65- 2. Identification and location information held by an 40
66-agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the 41
67-State Constitution if the current or former military personnel 42
68-member submits to an agency that has custody of the 43
69-identification and location information: 44
70- a. A written request to exempt the identification and 45
71-location information from public disclosure; and 46
72- b. A written statement that he or she has made reasonable 47
73-efforts to protect the identification and location information 48
51+communication device of a current or former servicemember of a 26
52+special operations force. 27
53+ (II) Home address, telephone number, and date of birth of 28
54+the spouse or dependent of a current or former servicemember of 29
55+a special operations force, and the telephone number associated 30
56+with such spouse's or dependent's personal communication device. 31
57+ (III) Name and location of a school attended by the spouse 32
58+of a current or former servicemember of a special operations 33
59+force or a school or day care facility attended by a dependent 34
60+of a current or former servicemember of a special operations 35
61+force. 36
62+ b. "Special operations forces" has the same meaning as 37
63+provided in s. 943.10(22). 38
64+ 2. Identification and location information held by an 39
65+agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the 40
66+State Constitution if a current or former servicemember of a 41
67+special operations force submits to an agency that has custody 42
68+of the identification and location information: 43
69+ a. A written request to exempt the identification and 44
70+location information from public disclosure; and 45
71+ b. A written statement that he or she has made reasonable 46
72+efforts to protect the identification and location information 47
73+from being accessible through other means available to the 48
74+public. 49
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8283 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
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86-from being accessible through other means available to the 49
87-public. 50
88- 3. This exemption applies to identification and location 51
89-information held by an agency before, on, or after the effective 52
90-date of this exemption. 53
91- 4. This paragraph is subject to the Open Government Sunset 54
92-Review Act in accordance with s. 119.15 and shall stand repealed 55
93-on October 2, 2028, unless reviewed and saved fro m repeal 56
94-through reenactment by the Legislature. 57
95- Section 2. The Legislature finds that it is a public 58
96-necessity that identification and location information of 59
97-current and former military personnel, and their spouses and 60
98-dependents, that is held by an agency be made exempt from s. 61
99-119.07(1), Florida Statutes, and s. 24(a), Article I of the 62
100-State Constitution. Military personnel perform among the most 63
101-critical, most effective, and most dangerous operations in 64
102-defense of our nation's freedom. Terrorist gr oups have 65
103-threatened military personnel and their families and have 66
104-encouraged terrorist sympathizers to harm military personnel and 67
105-their families within the United States. One terrorist group has 68
106-allegedly gathered the photographs and home addresses of 69
107-military personnel from public sources to create and publish a 70
108-list of military personnel in order to make such persons 71
109-vulnerable to an act of terrorism. The Legislature finds that 72
110-allowing continued public access to the identification and 73
87+ 3. This exemption applies to identification and location 50
88+information held by an agency before, on, or after the effective 51
89+date of this exemption. 52
90+ 4. This paragraph is subject to the Open Government Sunset 53
91+Review Act in accordance with s. 119.15 and shall stand repealed 54
92+on October 2, 2028, unless reviewed and saved from repeal 55
93+through reenactment by the Legisl ature. 56
94+ Section 2. The Legislature finds that it is a public 57
95+necessity that identification and location information of 58
96+current and former servicemembers of special operations forces, 59
97+and their spouses and dependents, that is held by an agency be 60
98+made exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 61
99+Article I of the State Constitution. These servicemembers 62
100+perform among the most critical, most effective, and most 63
101+dangerous operations in defense of our nation's freedom. 64
102+Terrorist groups have threa tened servicemembers and their 65
103+families and have encouraged terrorist sympathizers to harm 66
104+servicemembers and their families within the United States. One 67
105+terrorist group has allegedly gathered the photographs and home 68
106+addresses of servicemembers from publ ic sources to create and 69
107+publish a list of servicemembers in order to make such persons 70
108+vulnerable to an act of terrorism. The Legislature finds that 71
109+allowing continued public access to the identification and 72
110+location information of current and former serv icemembers of 73
111+special operations forces and their families jeopardizes the 74
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119120 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
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123-location information of current and former military personnel 74
124-and their families jeopardizes the safety of these personnel, 75
125-their spouses, and their dependents. The Legislature finds that 76
126-protecting the safety and security of current and former 77
127-military personnel, and their spouses and dependents, outweighs 78
124+safety of these servicemembers, their spouses, and their 75
125+dependents. The Legislature finds that protecting the safety and 76
126+security of current and former servicemembers of special 77
127+operations forces, and their spouses and dependents, outweighs 78
128128 any public benefit that may be derived from the public 79
129129 disclosure of the identification and location information. 80
130130 Section 3. This act shall take effect upon becoming a law. 81