Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 7010
Ì386900ÉÎ386900
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/27/2020 .
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The Committee on Rules (Wright) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (k) of subsection (5) of section
6 119.071, Florida Statutes, is amended to read:
7 119.071 General exemptions from inspection or copying of
8 public records.—
9 (5) OTHER PERSONAL INFORMATION.—
10 (k)1. For purposes of this paragraph, the term:
11 a. “Identification and location information” means the:
12 (I) Home address, telephone number, and date of birth of a
13 servicemember, and the telephone number associated with a
14 servicemember’s personal communication device.
15 (II) Home address, telephone number, date of birth, and
16 place of employment of the spouse or dependent of a
17 servicemember, and the telephone number associated with such
18 spouse’s or dependent’s personal communication device.
19 (III) Name and location of a school attended by the spouse
20 of a servicemember or a school or day care facility attended by
21 a dependent of a servicemember.
22 b. “Servicemember” means a current or former member of the
23 Armed Forces of the United States, a reserve component of the
24 Armed Forces of the United States, or the National Guard, who
25 was deployed to an Overseas Contingency Operation of the United
26 States Department of Defense served after September 11, 2001.
27 c. “Overseas Contingency Operation” means overseas military
28 operations such as crisis response, infrastructure and coalition
29 support for operations in Iraq and Afghanistan, humanitarian
30 assistance in the Middle East and North Africa, and embassy
31 security, as well as other needs abroad in the Global War on
32 Terrorism.
33 2. Identification and location information held by an
34 agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the
35 State Constitution if a servicemember submits to an agency that
36 has custody of the identification and location information:
37 a. A written request to exempt the identification and
38 location information from public disclosure; and
39 b. A copy of the servicemember’s United States Department
40 of Defense form DD-214 or a statement from the servicemember’s
41 commander that the servicemember served in an Overseas
42 Contingency Operation after September 11, 2001; and
43 c. A written statement that the servicemember he or she has
44 made reasonable efforts to protect the identification and
45 location information from being accessible through other means
46 available to the public.
47 3. This exemption applies to identification and location
48 information held by an agency before, on, or after the effective
49 date of this exemption.
50 4. This paragraph is subject to the Open Government Sunset
51 Review Act in accordance with s. 119.15 and shall stand repealed
52 on October 2, 2020, unless reviewed and saved from repeal
53 through reenactment by the Legislature.
54 Section 2. This act shall take effect October 1, 2020.
55
56 ================= T I T L E A M E N D M E N T ================
57 And the title is amended as follows:
58 Delete everything before the enacting clause
59 and insert:
60 A bill to be entitled
61 An act relating to a review under the Open Government
62 Sunset Review Act; amending s. 119.071, F.S., which
63 provides a public records exemption for the
64 identification and location information of a
65 servicemember who served after September 11, 2001, and
66 the spouse and dependents of the servicemember;
67 narrowing the exemption by requiring the servicemember
68 to have been deployed to an Overseas Contingency
69 Operation of the United States Department of Defense;
70 revising and defining terms; requiring a servicemember
71 to provide certain documentation to the custodial
72 agency in order for his or her identification and
73 location information to be subject to the exemption;
74 removing the scheduled repeal of the exemption;
75 providing an effective date.