Bill Text: FL S7010 | 2020 | Regular Session | Comm Sub

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Bill Title: OGSR/Servicemembers and the Spouses and Dependents of Servicemembers

Spectrum: Committee Bill

Status: (Failed) 2020-03-14 - Died in Messages [S7010 Detail]

Download: Florida-2020-S7010-Comm_Sub.html

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       Florida Senate - 2020                      CS for CS for SB 7010
       
       
        
       By the Committees on Rules; Governmental Oversight and
       Accountability; and Military and Veterans Affairs and Space
       
       
       
       
       595-04231-20                                          20207010c2
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 119.071, F.S., which
    4         provides a public records exemption for the
    5         identification and location information of
    6         servicemembers and the spouses and dependents of
    7         servicemembers; revising and defining terms; narrowing
    8         the exemption by requiring the servicemember to have
    9         been deployed to overseas service for the United
   10         States Department of Defense; requiring a
   11         servicemember to provide certain documentation to the
   12         custodial agency in order for his or her
   13         identification and location information to be subject
   14         to the exemption; revising the scheduled repeal of the
   15         exemption; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (k) of subsection (5) of section
   20  119.071, Florida Statutes, is amended to read:
   21         119.071 General exemptions from inspection or copying of
   22  public records.—
   23         (5) OTHER PERSONAL INFORMATION.—
   24         (k)1. For purposes of this paragraph, the term:
   25         a. “Identification and location information” means the:
   26         (I) Home address, telephone number, and date of birth of a
   27  servicemember, and the telephone number associated with a
   28  servicemember’s personal communication device.
   29         (II) Home address, telephone number, date of birth, and
   30  place of employment of the spouse or dependent of a
   31  servicemember, and the telephone number associated with such
   32  spouse’s or dependent’s personal communication device.
   33         (III) Name and location of a school attended by the spouse
   34  of a servicemember or a school or day care facility attended by
   35  a dependent of a servicemember.
   36         b. “Overseas service” means participation in an overseas
   37  military operation, such as crisis response, infrastructure and
   38  coalition support for operations in Iraq and Afghanistan,
   39  humanitarian assistance in the Middle East and North Africa, and
   40  embassy security, as well as other needs abroad in the Global
   41  War on Terrorism.
   42         c. “Servicemember” means a current or former member of the
   43  Armed Forces of the United States, a reserve component of the
   44  Armed Forces of the United States, or the National Guard, who
   45  was deployed to overseas service for the United States
   46  Department of Defense served after September 11, 2001.
   47         2. Identification and location information held by an
   48  agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   49  State Constitution if a servicemember submits to an agency that
   50  has custody of the identification and location information:
   51         a. A written request to exempt the identification and
   52  location information from public disclosure; and
   53         b. A copy of the servicemember’s United States Department
   54  of Defense form DD-214 or a statement from the servicemember’s
   55  commander that the servicemember deployed to overseas service
   56  after September 11, 2001; and
   57         c. A written statement that the servicemember he or she has
   58  made reasonable efforts to protect the identification and
   59  location information from being accessible through other means
   60  available to the public.
   61         3. This exemption applies to identification and location
   62  information held by an agency before, on, or after the effective
   63  date of this exemption.
   64         4. This paragraph is subject to the Open Government Sunset
   65  Review Act in accordance with s. 119.15 and shall stand repealed
   66  on October 2, 2025 2020, unless reviewed and saved from repeal
   67  through reenactment by the Legislature.
   68         Section 2. This act shall take effect October 1, 2020.