Bill Text: FL S0548 | 2024 | Regular Session | Enrolled

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Bill Title: Public Records/Military Personnel and their Spouses and Dependents

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2024-04-29 - Chapter No. 2024-111 [S0548 Detail]

Download: Florida-2024-S0548-Enrolled.html

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       ENROLLED
       2024 Legislature                                          SB 548
       
       
       
       
       
       
                                                              2024548er
    1  
    2         An act relating to public records; amending s.
    3         119.071, F.S.; defining terms; providing an exemption
    4         from public records requirements for identification
    5         and location information of certain current and former
    6         military personnel and their spouses and dependents;
    7         providing for retroactive application of the
    8         exemption; providing for future legislative review and
    9         repeal of the exemption; providing a statement of
   10         public necessity; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (k) is added to subsection (5) of
   15  section 119.071, Florida Statutes, to read:
   16         119.071 General exemptions 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 addresses, telephone numbers, and dates of birth
   22  of current and former military personnel, and the telephone
   23  numbers associated with the personal communication devices of
   24  current and former military personnel.
   25         (II) Home addresses, telephone numbers, and dates of birth
   26  of the spouses and dependents of current and former military
   27  personnel, and the telephone numbers associated with the
   28  personal communication devices of such spouses and dependents.
   29         (III) Names and locations of schools attended by the
   30  spouses of current and former military personnel and schools or
   31  day care facilities attended by dependents of current and former
   32  military personnel.
   33         b. “Military personnel” means persons employed by the
   34  United States Department of Defense who are authorized to access
   35  information that is deemed “secret” or “top secret” by the
   36  Federal Government or who are servicemembers of a special
   37  operations force.
   38         c. “Special operations force” has the same meaning as
   39  provided in s. 943.10(22).
   40         2. Identification and location information held by an
   41  agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   42  State Constitution if the current or former military personnel
   43  member submits to an agency that has custody of the
   44  identification and location information:
   45         a. A written request to exempt the identification and
   46  location information from public disclosure; and
   47         b. A written statement that he or she has made reasonable
   48  efforts to protect the identification and location information
   49  from being accessible through other means available to the
   50  public.
   51         3. This exemption applies to identification and location
   52  information held by an agency before, on, or after the effective
   53  date of this exemption.
   54         4. This paragraph is subject to the Open Government Sunset
   55  Review Act in accordance with s. 119.15 and shall stand repealed
   56  on October 2, 2029, unless reviewed and saved from repeal
   57  through reenactment by the Legislature.
   58         Section 2. The Legislature finds that it is a public
   59  necessity that identification and location information of
   60  current and former military personnel, and of their spouses and
   61  dependents, which is held by an agency be made exempt from s.
   62  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   63  State Constitution. Military personnel perform among the most
   64  critical, most effective, and most dangerous operations in
   65  defense of our nation’s freedom. Terrorist groups have
   66  threatened military personnel and their families and have
   67  encouraged terrorist sympathizers to harm military personnel and
   68  their families within the United States. One terrorist group has
   69  allegedly gathered the photographs and home addresses of
   70  military personnel from public sources to create and publish a
   71  list of military personnel in order to make such persons
   72  vulnerable to an act of terrorism. The Legislature finds that
   73  allowing continued public access to the identification and
   74  location information of current and former military personnel
   75  and their families jeopardizes the safety of these personnel,
   76  their spouses, and their dependents. The Legislature finds that
   77  protecting the safety and security of current and former
   78  military personnel, and their spouses and dependents, outweighs
   79  any public benefit that may be derived from the public
   80  disclosure of the identification and location information.
   81         Section 3. This act shall take effect upon becoming a law.