Florida Senate - 2021                              CS for SB 654
       
       
        
       By the Committee on Military and Veterans Affairs, Space, and
       Domestic Security; and Senator Bradley
       
       
       
       
       583-03588-21                                           2021654c1
    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 information received
    5         or maintained by the Department of Military Affairs
    6         which is stored in a United States Department of
    7         Defense system of records, is transmitted using a
    8         United States Department of Defense network or
    9         communications device, or pertains to the United
   10         States Department of Defense; providing for
   11         retroactive application; providing for future
   12         legislative review and repeal of the exemption;
   13         providing a statement of public necessity; providing
   14         an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (4) is added to section 119.0712,
   19  Florida Statutes, to read:
   20         119.0712 Executive branch agency-specific exemptions from
   21  inspection or copying of public records.—
   22         (4) DEPARTMENT OF MILITARY AFFAIRS.—Information received or
   23  maintained by the Department of Military Affairs which is stored
   24  in a United States Department of Defense system of records, is
   25  transmitted using a United States Department of Defense network
   26  or communications device, or pertains to the United States
   27  Department of Defense, pursuant to 10 U.S.C. s. 394, is exempt
   28  from s. 119.07(1) and s. 24(a), Art. I of the State
   29  Constitution. This exemption applies to information made exempt
   30  by this subsection which is held by the department before, on,
   31  or after the effective date of the exemption. This subsection is
   32  subject to the Open Government Sunset Review Act in accordance
   33  with s. 119.15 and shall stand repealed on October 2, 2026,
   34  unless reviewed and saved from repeal through reenactment by the
   35  Legislature.
   36         Section 2. The Legislature finds that it is a public
   37  necessity that certain information received or maintained by the
   38  Department of Military Affairs which is stored in a United
   39  States Department of Defense system of records, is transmitted
   40  using a United States Department of Defense network or
   41  communications device, or pertains to the United States
   42  Department of Defense, pursuant to 10 U.S.C. s. 394, be made
   43  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   44  Article I of the State Constitution. The disclosure of such
   45  information could adversely affect national security and the
   46  safety of servicemembers and their families. A servicemember’s
   47  information should only be disclosed by consent, as provided in
   48  the Privacy Act of 1974. It is necessary that such sensitive
   49  information in the custody of the Department of Military Affairs
   50  be protected from disclosure to the same degree required under
   51  federal law. Therefore, the Legislature finds that it is a
   52  public necessity that such information be made exempt from
   53  public records requirements.
   54         Section 3. This act shall take effect upon becoming a law.
   55