Florida Senate - 2021                                     SB 654
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00834-21                                             2021654__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.0712, F.S.; providing an exemption from public
    4         records requirements for certain records in the
    5         custody of the Department of Military Affairs which
    6         are protected from disclosure under specified federal
    7         laws; providing that certain information may be
    8         disclosed only in accordance with applicable federal
    9         and state laws; providing for retroactive application;
   10         providing for future legislative review and repeal of
   11         the exemption; providing a statement of public
   12         necessity; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (4) is added to section 119.0712,
   17  Florida Statutes, to read:
   18         119.0712 Executive branch agency-specific exemptions from
   19  inspection or copying of public records.—
   20         (4) DEPARTMENT OF MILITARY AFFAIRS.—Records in the custody
   21  of the Department of Military Affairs which contain information
   22  that is protected from disclosure under the Freedom of
   23  Information Act, 5 U.S.C. s. 552, and the Privacy Act of 1974, 5
   24  U.S.C. s. 552a, are exempt from s. 119.07(1) and s. 24(a), Art.
   25  I of the State Constitution. Any information not made exempt by
   26  this subsection may be disclosed only after the department makes
   27  any redactions in accordance with the applicable federal and
   28  state laws. This exemption applies to information made exempt by
   29  this subsection which is held by the department before, on, or
   30  after the effective date of the exemption. This subsection is
   31  subject to the Open Government Sunset Review Act in accordance
   32  with s. 119.15 and shall stand repealed on October 2, 2026,
   33  unless reviewed and saved from repeal through reenactment by the
   34  Legislature.
   35         Section 2. The Legislature finds that it is a public
   36  necessity that certain records in the custody of the Department
   37  of Military Affairs which are protected from disclosure under
   38  the Freedom of Information Act, 5 U.S.C. s. 552, and the Privacy
   39  Act of 1974, 5 U.S.C. s. 552a, be made exempt from s. 119.07(1),
   40  Florida Statutes, and s. 24(a), Article I of the State
   41  Constitution. The disclosure of such information could adversely
   42  affect national security and the safety of servicemembers and
   43  their families. A servicemember’s information should only be
   44  disclosed by consent as provided in the Privacy Act of 1974. It
   45  is necessary that such sensitive information in the custody of
   46  the Department of Military Affairs be protected from disclosure
   47  to the same degree that is required under federal law.
   48  Therefore, the Legislature finds that it is a public necessity
   49  that such information be made exempt from public records
   50  requirements.
   51         Section 3. This act shall take effect upon becoming a law.