House Bill hb0033E

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    Florida House of Representatives - 2002                HB 33-E

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to public-records exemptions;

  3         exempting personal identifying information

  4         contained in armed forces military-separation

  5         forms from disclosure when held by the clerk of

  6         the court; providing exceptions; providing for

  7         future review and repeal; providing findings of

  8         public necessity; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Personal identifying information contained

13  in the following forms held by the clerk is confidential and

14  exempt from section 119.07(1), Florida Statutes, and Section

15  24(a), Article I of the State Constitution: DD-214; DD-215; WD

16  AGO 53; WD AGO 55; WD AGO 53-55; NAVMC 78-PD; and NAVPERS 553.

17  "Personal identifying information" includes the name, social

18  security number, date of birth, home of record, and next of

19  kin. The clerk of court may release a complete copy of any of

20  these forms that include personal identifying information to

21  the person named in the form as having served in the United

22  States Armed Forces or his or her personal representative,

23  executor, or court-appointed guardian. This section is subject

24  to the Open Government Sunset Review Act of 1995 in accordance

25  with section 119.15, Florida Statutes, and shall stand

26  repealed on October 2, 2006, unless reviewed and saved from

27  repeal through reenactment by the Legislature.

28         Section 2.  The Legislature finds that exempting

29  personal identifying information contained in

30  military-separation forms is a public necessity because the

31  availability of that information in public records, especially

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    Florida House of Representatives - 2002                HB 33-E

    704-190-02E






 1  when accessible on the internet, facilitates the crime of

 2  identity theft and permits the identification of specific

 3  individuals who have served in the armed forces, which

 4  information may be of use in planning for terrorist acts. The

 5  United States Armed Forces issues these forms to members of

 6  the Armed Forces that are being released from active military

 7  duty. The United States Armed Forces advises persons who are

 8  discharged to file these forms with the clerk of the court to

 9  ensure that there is a record of their service in the United

10  States Armed Forces. These forms contain much information

11  about these former military personnel. Personal identifying

12  information contained in these forms, including names, social

13  security numbers, date of birth, home of record, and next of

14  kin, when revealed together on a single form, can be used to

15  facilitate the crime of identity theft, especially when made

16  available to the public, because such information can be used

17  to convincingly recreate the identity of former military

18  personnel. Successful identity theft may result in severe

19  economic harm to former military personnel and subject them to

20  an invasion of privacy through access to medical or other

21  personal files. As such, this personal identifying information

22  must be made confidential and exempt. Further, given the

23  increased threat of terrorism in the United States and the

24  large number of military personnel who retire in Florida,

25  terrorists could use the information to identify and target

26  former military personnel and use such information in planning

27  terrorist acts. For example, terrorists may seek to avoid an

28  area with a large concentration of former military personnel

29  because those individuals may be armed and, given their

30  military training, could threaten the success of a terrorist

31  action. In the alternative, terrorists could seek to target a

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    Florida House of Representatives - 2002                HB 33-E

    704-190-02E






 1  neighborhood with a large number of military retirees to seek

 2  revenge against persons who have been in the frontline of

 3  United States military actions. As a result, the Legislature

 4  finds that it is a public necessity to make confidential and

 5  exempt the personal identifying information, including name,

 6  social security numbers, date of birth, home of record, and

 7  next of kin, which is contained in military-separation forms.

 8         Section 3.  This act shall take effect upon becoming a

 9  law.

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12                          SENATE SUMMARY

13    Makes confidential and exempt from public-records
      requirements personal identifying information in military
14    separation forms that are held by the Clerk of the Court.
      Provides exemptions. Provides for future review and
15    repeal. Provides findings of public necessity.

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