Senate Bill sb0980c1

    Florida Senate - 2002                            CS for SB 980

    By the Committee on Governmental Oversight and Productivity;
    and Senators Brown-Waite and Crist




    302-2303-02

  1                      A bill to be entitled

  2         An act relating to public-records exemptions;

  3         exempting personal identifying information

  4         contained in armed forces military-separation

  5         forms from disclosure when held by the clerk of

  6         the court; providing exceptions; providing for

  7         future review and repeal; providing findings of

  8         public necessity; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Personal identifying information contained

13  in the following forms held by the clerk is confidential and

14  exempt from section 119.07(1), Florida Statutes, and Section

15  24(a), Article I of the State Constitution: DD-214; DD-215; WD

16  AGO 53; WD AGO 55; WD AGO 53-55; NAVMC 78-PD; and NAVPERS 553.

17  "Personal identifying information" includes the name, social

18  security number, date of birth, home of record, and next of

19  kin. The clerk of court may release a complete copy of any of

20  these forms that include personal identifying information to

21  the person named in the form as having served in the United

22  States armed forces or his or her personal representative,

23  executor, or court-appointed guardian. This section is subject

24  to the Open Government Sunset Review Act of 1995 in accordance

25  with section 119.15, Florida Statutes, and shall stand

26  repealed on October 2, 2006, unless reviewed and saved from

27  repeal through reenactment by the Legislature.

28         Section 2.  The Legislature finds that exempting

29  personal identifying information contained in

30  military-separation forms is a public necessity because the

31  availability of that information in public records, especially

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    Florida Senate - 2002                            CS for SB 980
    302-2303-02




  1  when accessible on the internet, facilitates the crime of

  2  identity theft as well as permits the identification of

  3  specific individuals who have served in the armed forces,

  4  which information may be of use in planning for terrorist

  5  acts. The United States armed forces issues these forms to

  6  members of the armed forces that are being released from

  7  active military duty. The United States armed forces advises

  8  persons who are discharged to file these forms with the clerk

  9  of the court to ensure that there is a record of their service

10  in the United States armed forces. These forms contain much

11  information about these former military personnel. Personal

12  identifying information contained in these forms, including

13  names, social security numbers, date of birth, home of record,

14  and next of kin, when revealed together on a single form, can

15  be used to facilitate the crime of identity theft, especially

16  when made available to the public, because such information

17  can be used to convincingly recreate the identity of former

18  military personnel. Successful identity theft may result in

19  severe economic harm to former military personnel, as well as

20  subject them to an invasion of privacy through access to

21  medical or other personal files. As such, this personal

22  identifying information must be made confidential and exempt.

23  Further, given the increased threat of terrorism in the United

24  States, and the large number of military personnel who choose

25  to retire in Florida, terrorists could use the information

26  contained in these forms to identify and target former

27  military personnel and use such information in planning for

28  terrorist acts. For example, terrorists may seek to avoid an

29  area with a large concentration of former military personnel

30  because those individuals may be armed and, given their

31  military training, could threaten the success of a terrorist

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    Florida Senate - 2002                            CS for SB 980
    302-2303-02




  1  action. In the alternative, terrorists could seek to target a

  2  neighborhood with a large number of military retirees in order

  3  to seek revenge against persons who have been in the frontline

  4  of United States military actions. As a result, the

  5  Legislature finds that it is a public necessity to make

  6  confidential and exempt the personal identifying information,

  7  including name, social security numbers, date of birth, home

  8  of record, and next of kin, which is contained in

  9  military-separation forms.

10         Section 3.  This act shall take effect upon becoming a

11  law.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 980

15                                 

16  Creates an exemption for personal identifying information in
    military separation forms filed with a clerk of court.
17  
    Authorizes the release of a form with personal identifying
18  information in form to the person named in the form or his or
    her personal representative.
19  
    Creates a statement of public necessity.
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CODING: Words stricken are deletions; words underlined are additions.