Florida Senate - 2021                       CS for CS for SB 654
       
       
        
       By the Committees on Rules; and Military and Veterans Affairs,
       Space, and Domestic Security; and Senator Bradley
       
       
       
       
       595-04501-21                                           2021654c2
    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 held by
    5         the Department of Military Affairs which is stored in
    6         a United States Department of Defense system of
    7         records, is transmitted using a United States
    8         Department of Defense network or communications
    9         device, or pertains to the United States Department of
   10         Defense; providing for retroactive application;
   11         providing for future legislative review and repeal of
   12         the exemption; providing a statement of public
   13         necessity; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (4) is added to section 119.0712,
   18  Florida Statutes, to read:
   19         119.0712 Executive branch agency-specific exemptions from
   20  inspection or copying of public records.—
   21         (4) DEPARTMENT OF MILITARY AFFAIRS.—Information held by the
   22  Department of Military Affairs which is stored in a United
   23  States Department of Defense system of records, is transmitted
   24  using a United States Department of Defense network or
   25  communications device, or pertains to the United States
   26  Department of Defense pursuant to 10 U.S.C. s. 394 is exempt
   27  from s. 119.07(1) and s. 24(a), Art. I of the State
   28  Constitution. This exemption applies to information made exempt
   29  by this subsection which is held by the department before, on,
   30  or 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   32  with s. 119.15 and shall stand repealed on October 2, 2026,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 information held by the Department of
   37  Military Affairs which is stored in a United States Department
   38  of Defense system of records, is transmitted using a United
   39  States Department of Defense network or communications device,
   40  or pertains to the United States Department of Defense pursuant
   41  to 10 U.S.C. s. 394 be made exempt from s. 119.07(1), Florida
   42  Statutes, and s. 24(a), Article I of the State Constitution. The
   43  disclosure of such information could adversely affect national
   44  security and the safety of servicemembers and their families. A
   45  servicemember’s information should only be disclosed by consent,
   46  as provided in the Privacy Act of 1974. It is necessary that
   47  such sensitive information in the custody of the Department of
   48  Military Affairs be protected from disclosure to the same degree
   49  required under federal law. Therefore, the Legislature finds
   50  that it is a public necessity that such information be made
   51  exempt from public records requirements and that such exemption
   52  should be applied retroactively.
   53         Section 3. This act shall take effect upon becoming a law.