Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 654
       
       
       
       
       
       
                                Ì184448FÎ184448                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/30/2021           .                                
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       The Committee on Military and Veterans Affairs, Space, and
       Domestic Security (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) is added to section 119.0712,
    6  Florida Statutes, to read:
    7         119.0712 Executive branch agency-specific exemptions from
    8  inspection or copying of public records.—
    9         (4) DEPARTMENT OF MILITARY AFFAIRS.—Information received or
   10  maintained by the Department of Military Affairs which is stored
   11  in a United States Department of Defense system of records, is
   12  transmitted using a United States Department of Defense network
   13  or communications device, or pertains to the United States
   14  Department of Defense, pursuant to 10 U.S.C. s. 394, is exempt
   15  from s. 119.07(1) and s. 24(a), Art. I of the State
   16  Constitution. This exemption applies to information made exempt
   17  by this subsection which is held by the department before, on,
   18  or after the effective date of the exemption. This subsection is
   19  subject to the Open Government Sunset Review Act in accordance
   20  with s. 119.15 and shall stand repealed on October 2, 2026,
   21  unless reviewed and saved from repeal through reenactment by the
   22  Legislature.
   23         Section 2. The Legislature finds that it is a public
   24  necessity that certain information received or maintained by the
   25  Department of Military Affairs which is stored in a United
   26  States Department of Defense system of records, is transmitted
   27  using a United States Department of Defense network or
   28  communications device, or pertains to the United States
   29  Department of Defense, pursuant to 10 U.S.C. s. 394, be made
   30  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   31  Article I of the State Constitution. The disclosure of such
   32  information could adversely affect national security and the
   33  safety of servicemembers and their families. A servicemember’s
   34  information should only be disclosed by consent, as provided in
   35  the Privacy Act of 1974. It is necessary that such sensitive
   36  information in the custody of the Department of Military Affairs
   37  be protected from disclosure to the same degree required under
   38  federal law. Therefore, the Legislature finds that it is a
   39  public necessity that such information be made exempt from
   40  public records requirements.
   41         Section 3. This act shall take effect upon becoming a law.
   42  
   43  ================= T I T L E  A M E N D M E N T ================
   44  And the title is amended as follows:
   45         Delete everything before the enacting clause
   46  and insert:
   47                        A bill to be entitled                      
   48         An act relating to public records; amending s.
   49         119.0712, F.S.; providing an exemption from public
   50         records requirements for certain information received
   51         or maintained by the Department of Military Affairs
   52         which is stored in a United States Department of
   53         Defense system of records, is transmitted using a
   54         United States Department of Defense network or
   55         communications device, or pertains to the United
   56         States Department of Defense; providing for
   57         retroactive application; providing for future
   58         legislative review and repeal of the exemption;
   59         providing a statement of public necessity; providing
   60         an effective date.