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32 with s. 119.15 and shall stand repealed on October 2, 2026,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.