CS/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.; providing definitions; providing an 3
exemption from public records requirements for 4
identification and location information of current and 5
former military personnel and their spouses and 6
dependents; providing applicability; providing for 7
future legislative review and repeal of the exemption; 8
providing a statement of public necessity; providing 9
an effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraph (k) is added to subsection (5) of 14
section 119.071, Florida Statutes, to read: 15
119.071 General exemptions from inspection or copying of 16
public records.— 17
(5) OTHER PERSONAL INFORMATION. — 18
(k)1. For purposes of this paragraph, the term: 19
a. "Identification and location information" means the: 20
(I) Home addresses, telephone numbers, and dates of birth 21
of current and former military personnel, and the teleph one 22
numbers associated with the personal communication devices of 23
current and former military personnel. 24
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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 addresses, telephone numbers, and dates of birth 25
of the spouses and dependents of current and former military 26
personnel, and the telephone numbers associated with the 27
personal communication devices of such spouses and dependents. 28
(III) Names and locations of schools attended by the 29
spouses of current and former military personnel and schools or 30
day care facilities attended by dependents of current and former 31
military personnel. 32
b. "Military personnel" means persons employed by the 33
United States Department of Defense who are authorized to access 34
information that is deemed "secret" or "top secret" by the 35
Federal Government or who are service members of a special 36
operations force. 37
c. "Special operations force" has the same meaning as 38
provided in s. 943.10(22). 39
2. Identification and location information held by an 40
agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the 41
State Constitution if the current or former military personnel 42
member submits to an agency that has custody of the 43
identification and location information: 44
a. A written request to exempt the identification and 45
location information from public disclosure; and 46
b. A written statement that he or she has made reasonable 47
efforts to protect the identification and location information 48
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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
from being accessible through other means available to the 49
public. 50
3. This exemption applies to identification and location 51
information held by an agency before, on, or after the effective 52
date of this exemption. 53
4. This paragraph is subject to the Open Government Sunset 54
Review Act in accordance with s. 119.15 and shall stand repealed 55
on October 2, 2028, unless reviewed and saved fro m repeal 56
through reenactment by the Legislature. 57
Section 2. The Legislature finds that it is a public 58
necessity that identification and location information of 59
current and former military personnel, and their spouses and 60
dependents, that is held by an agency be made exempt from s. 61
119.07(1), Florida Statutes, and s. 24(a), Article I of the 62
State Constitution. Military personnel perform among the most 63
critical, most effective, and most dangerous operations in 64
defense of our nation's freedom. Terrorist gr oups have 65
threatened military personnel and their families and have 66
encouraged terrorist sympathizers to harm military personnel and 67
their families within the United States. One terrorist group has 68
allegedly gathered the photographs and home addresses of 69
military personnel from public sources to create and publish a 70
list of military personnel in order to make such persons 71
vulnerable to an act of terrorism. The Legislature finds that 72
allowing continued public access to the identification and 73
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location information of current and former military personnel 74
and their families jeopardizes the safety of these personnel, 75
their spouses, and their dependents. The Legislature finds that 76
protecting the safety and security of current and former 77
military personnel, 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