Florida Senate - 2015 CS for SB 674
By the Committee on Military and Veterans Affairs, Space, and
Domestic Security; and Senator Evers
583-01920-15 2015674c1
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.071, F.S.; providing an exemption from public
4 records requirements for certain personal identifying
5 information of current or former servicemembers of a
6 military special operations unit and the spouses and
7 children of such servicemembers; providing for future
8 legislative review and repeal of the exemption;
9 providing a statement of public necessity; providing
10 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 “identification and location information” means the:
21 a. Home address, telephone number, and photograph of a
22 current or former servicemember of a United States military
23 special operations unit.
24 b. Home address, telephone number, photograph, and place of
25 employment of the spouse or child of such servicemember.
26 c. Name and location of the school or day care facility
27 attended by the child of such servicemember.
28 2. Identification and location information held by an
29 agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the
30 State Constitution if such servicemember submits to an agency
31 that has custody of the identification and location information:
32 a. A written request to exempt such information from public
33 disclosure; and
34 b. A written statement that he or she has made reasonable
35 efforts to protect the identification and location information
36 from being accessible through other means available to the
37 public.
38 3. This paragraph is subject to the Open Government Sunset
39 Review Act in accordance with s. 119.15 and shall stand repealed
40 on October 2, 2020, unless reviewed and saved from repeal
41 through reenactment by the Legislature.
42 Section 2. The Legislature finds that it is a public
43 necessity that the identification and location information held
44 by an agency of a current or former servicemember of a United
45 States military special operations unit; the spouse and children
46 of such servicemember; and the schools and day care facilities
47 attended by the children of such servicemember be made exempt
48 from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
49 the State Constitution. United States military special
50 operations units perform among the most critical, most
51 effective, and most dangerous operations in defense of our
52 nation’s freedom. The unique missions undertaken by special
53 operations units render these servicemembers and their families
54 among the most critical assets worthy of protection in our state
55 and country. The Legislature finds that allowing public access
56 to the name, addresses, and identifying information of a current
57 or former servicemember of a United States military special
58 operations unit and his or her family may jeopardize the safety
59 of the servicemember, his or her spouse, and their children. The
60 Legislature finds that protecting a current or former
61 servicemember of a United States military special operations
62 unit, his or her spouse, and their children outweighs any public
63 benefit that may be derived from the disclosure of the
64 identifying information protected herein.
65 Section 3. This act shall take effect October 1, 2015.