Senate Bill sb2124

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    Florida Senate - 2001                                  SB 2124

    By Senator Garcia





    39-1362-01

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         information identifying the location of

  5         specified archaeological and cultural sites;

  6         providing an expiration date; providing a

  7         finding of public necessity; providing an

  8         effective date.

  9

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

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12         Section 1.  Any information identifying the location of

13  archaeological sites contained in site files or other records

14  maintained by the Division of Historical Resources of the

15  Department of State is exempt from the provisions of section

16  119.07(1), Florida Statutes, and Section 24(a) of Article I of

17  the State Constitution, if the Division of Historical

18  Resources finds that disclosure of such information will

19  create a substantial risk of destruction or harm at such

20  sites. This section is subject to the Open Government Sunset

21  Review Act in accordance with section 119.15, Florida

22  Statutes, and expires on October 2, 2006, unless reviewed and

23  reenacted by the Legislature.

24         Section 2.  (1)  The Legislature finds that it is a

25  public necessity that information identifying the location of

26  archaeological and cultural sites be exempt and confidential

27  from public records requirements because the state has a

28  serious problem with archaeological looting. The exact

29  location of an archaeological site should be exempt from

30  disclosure if the Division of Historical Resources determines

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    Florida Senate - 2001                                  SB 2124
    39-1362-01




  1  that disclosure of the site location will create a substantial

  2  risk of harm, theft, or destruction at the site.

  3         (2)  The Legislature also finds that the lack of

  4  protection for sensitive sites puts the federal government in

  5  a difficult position. The Federal Government is mandated to

  6  share site-specific information with the Florida State

  7  Historic Preservation Officer to comply with Section 106 of

  8  the National Historic Preservation Act. However, section 304

  9  of the National Historic Preservation Act protects specific

10  information concerning the location and character of cultural

11  resources when sharing that information could place them in

12  jeopardy.

13         (3)  The Legislature further finds that this exemption

14  is required by the development of Geographic Information

15  System databases listing sites located in the Florida Site

16  File at the Florida Department of State. The Geographic

17  Information System is a valuable tool for recording

18  site-location and survey data for participating research,

19  land-use planning, and site stewardship by land managers and

20  law enforcement officers. However, while this data can be

21  quickly disseminated to the public via the Internet,

22  protective measures must be placed on the sharing and use of

23  this data for sensitive archaeological and cultural locations.

24         (4)  The Legislature also finds that new implementation

25  guidelines for the National Historic Preservation Act require

26  increased consultation with federally recognized tribes. The

27  Legislature finds that managing information concerning Native

28  American sacred sites and sites of cultural patrimony carries

29  a responsibility of confidentiality. Credible stewardship in

30  these areas requires the ability to protect sensitive

31  information from public dissemination.

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    Florida Senate - 2001                                  SB 2124
    39-1362-01




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

  2  law.

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  5                          SENATE SUMMARY

  6    Provides an exemption from public records requirements
      for information identifying the location of specified
  7    archaeological and cultural sites. Provides a finding of
      public necessity and an expiration date.
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