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3 | 3 | | HB 319 2024 |
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7 | 7 | | CODING: Words stricken are deletions; words underlined are additions. |
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9 | 9 | | Page 1 of 4 |
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10 | 10 | | 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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14 | 14 | | A bill to be entitled 1 |
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15 | 15 | | An act relating to public records; amending s. 2 |
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16 | 16 | | 119.071, F.S.; providing definitions; providing an 3 |
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17 | 17 | | exemption from public records requirements for 4 |
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18 | 18 | | identification and location information of certain 5 |
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19 | 19 | | current and former military personnel and their 6 |
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20 | 20 | | spouses and dependents; providing applicability; 7 |
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21 | 21 | | providing for future legislative review and repeal of 8 |
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22 | 22 | | the exemption; providing a statement of public 9 |
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23 | 23 | | necessity; providing an effective date. 10 |
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24 | 24 | | 11 |
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25 | 25 | | Be It Enacted by the Legislature of the State of Florida: 12 |
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26 | 26 | | 13 |
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27 | 27 | | Section 1. Paragraph (k) is added to subsection (5) of 14 |
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28 | 28 | | section 119.071, Florida Statutes, to read: 15 |
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29 | 29 | | 119.071 General exemptions from inspection or copying of 16 |
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30 | 30 | | public records.— 17 |
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31 | 31 | | (5) OTHER PERSONAL INFORMATION. — 18 |
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32 | 32 | | (k)1. For purposes of this paragraph, the term: 19 |
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33 | 33 | | a. "Identification and location information" means the: 20 |
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34 | 34 | | (I) Home addresses, telephone numbers, and dates of birth 21 |
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35 | 35 | | of current and former military pe rsonnel, and the telephone 22 |
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36 | 36 | | numbers associated with the personal communication devices of 23 |
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37 | 37 | | current and former military personnel. 24 |
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39 | 39 | | HB 319 2024 |
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45 | 45 | | Page 2 of 4 |
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46 | 46 | | 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 | 50 | | (II) Home addresses, telephone numbers, and dates of birth 25 |
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51 | 51 | | of the spouses and dependents of current and former military 26 |
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52 | 52 | | personnel, and the telephone numbers associated with the 27 |
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53 | 53 | | personal communication devices of such spouses and dependents. 28 |
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54 | 54 | | (III) Names and locations of schools attended by the 29 |
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55 | 55 | | spouses of current and former military personnel and schools or 30 |
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56 | 56 | | day care facilities att ended by dependents of current and former 31 |
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57 | 57 | | military personnel. 32 |
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58 | 58 | | b. "Military personnel" means persons employed by the 33 |
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59 | 59 | | United States Department of Defense who are authorized to access 34 |
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60 | 60 | | information that is deemed "secret" or "top secret" by the 35 |
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61 | 61 | | Federal Government or who are servicemembers of a special 36 |
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62 | 62 | | operations force. 37 |
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63 | 63 | | c. "Special operations force" has the same meaning as 38 |
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64 | 64 | | provided in s. 943.10(22). 39 |
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65 | 65 | | 2. Identification and location information held by an 40 |
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66 | 66 | | agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the 41 |
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67 | 67 | | State Constitution if the current or former military personnel 42 |
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68 | 68 | | member submits to an agency that has custody of the 43 |
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69 | 69 | | identification and location information: 44 |
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70 | 70 | | a. A written request to exempt the identification and 45 |
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71 | 71 | | location information from public dis closure; and 46 |
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72 | 72 | | b. A written statement that he or she has made reasonable 47 |
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73 | 73 | | efforts to protect the identification and location information 48 |
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75 | 75 | | HB 319 2024 |
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81 | 81 | | Page 3 of 4 |
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82 | 82 | | 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 | 86 | | from being accessible through other means available to the 49 |
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87 | 87 | | public. 50 |
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88 | 88 | | 3. This exemption applies to identification and location 51 |
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89 | 89 | | information held by an agency before, on, or after the effective 52 |
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90 | 90 | | date of this exemption. 53 |
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91 | 91 | | 4. This paragraph is subject to the Open Government Sunset 54 |
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92 | 92 | | Review Act in accordance with s. 119.15 and shal l stand repealed 55 |
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93 | 93 | | on October 2, 2029, unless reviewed and saved from repeal 56 |
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94 | 94 | | through reenactment by the Legislature. 57 |
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95 | 95 | | Section 2. The Legislature finds that it is a public 58 |
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96 | 96 | | necessity that identification and location information of 59 |
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97 | 97 | | current and former militar y personnel, and their spouses and 60 |
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98 | 98 | | dependents, that is held by an agency be made exempt from s. 61 |
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99 | 99 | | 119.07(1), Florida Statutes, and s. 24(a), Article I of the 62 |
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100 | 100 | | State Constitution. Military personnel perform among the most 63 |
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101 | 101 | | critical, most effective, and most dan gerous operations in 64 |
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102 | 102 | | defense of our nation's freedom. Terrorist groups have 65 |
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103 | 103 | | threatened military personnel and their families and have 66 |
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104 | 104 | | encouraged terrorist sympathizers to harm military personnel and 67 |
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105 | 105 | | their families within the United States. One terrorist gr oup has 68 |
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106 | 106 | | allegedly gathered the photographs and home addresses of 69 |
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107 | 107 | | military personnel from public sources to create and publish a 70 |
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108 | 108 | | list of military personnel in order to make such persons 71 |
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109 | 109 | | vulnerable to an act of terrorism. The Legislature finds that 72 |
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110 | 110 | | allowing continued public access to the identification and 73 |
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119 | 119 | | 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 | 123 | | location information of current and former military personnel 74 |
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124 | 124 | | and their families jeopardizes the safety of these personnel, 75 |
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125 | 125 | | their spouses, and their dependents. The Legislature finds that 76 |
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126 | 126 | | protecting the safety and security of current and former 77 |
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127 | 127 | | military personnel, and their spouses and dependents, outweighs 78 |
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128 | 128 | | any public benefit that may be derived from the public 79 |
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129 | 129 | | disclosure of the identification and location information. 80 |
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130 | 130 | | Section 3. This act shall take effe ct upon becoming a law. 81 |
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