Senate Bill sb0970

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    Florida Senate - 2002                                   SB 970

    By Senator Peaden





    1-849-02

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public-records requirements for the name,

  5         address, and restricted-use license number of

  6         any person engaged in the aerial application of

  7         pesticides, fertilizers, or seed, and the name

  8         and address of any person or entity that sells,

  9         leases, purchases, rents, or transfers any

10         aircraft used for the aerial application of

11         pesticides, fertilizers, or seed, obtained by

12         the Department of Agriculture and Consumer

13         Services pursuant to specified provisions of

14         Florida Statutes; providing a statement of

15         public necessity; providing for future review

16         and repeal; providing a contingent effective

17         date.

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

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21         Section 1.  Paragraph (ee) is added to subsection (3)

22  of section 119.07, Florida Statutes, as amended by section 1

23  of chapter 2001-364, Laws of Florida, to read:

24         119.07 Inspection, examination, and duplication of

25  records; exemptions.--

26         (3)

27         (ee)  The name, address, and restricted-use license

28  number of any person engaged in the aerial application of

29  pesticides, fertilizers, or seed, and the name and address of

30  any person or entity that sells, leases, purchases, rents, or

31  transfers any aircraft used for the aerial application of

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    Florida Senate - 2002                                   SB 970
    1-849-02




  1  pesticides, fertilizers, or seed, obtained by the Department

  2  of Agriculture and Consumer Services pursuant to the

  3  provisions of ss. 487.051(1)(d), 570.07(39), 576.181(3), and

  4  578.11(2)(j), are exempt from the requirements of subsection

  5  (1) and s. 24(a), Art. I of the State Constitution. This

  6  paragraph is subject to the Open Government Sunset Review Act

  7  of 1995, in accordance with s. 119.15, and shall stand

  8  repealed on October 2, 2007, unless reviewed and saved from

  9  repeal through reenactment by the Legislature.

10         Section 2.  The Legislature finds that the exemption

11  from public-records requirements provided by this act for the

12  name, address, and restricted-use license number of any person

13  engaged in the aerial application of pesticides, fertilizers,

14  or seed, and the name and address of any person or entity that

15  sells, leases, purchases, rents, or transfers any aircraft

16  used for the aerial application of pesticides, fertilizers, or

17  seed, obtained by the Department of Agriculture and Consumer

18  Services pursuant to the provisions of sections 487.051(1)(d),

19  570.07(39), 576.181(3), and 578.11(2)(j), Florida Statutes, is

20  a public necessity because this information can be used by a

21  terrorist to expedite the identification of pilots and

22  aircraft used in the aerial application of pesticides,

23  fertilizers, and seed and to expedite the identification of

24  those persons or entities that sell, lease, purchase, rent, or

25  transfer such aircraft and thereby aid the terrorist in the

26  planning and commission of an act of terrorism. Aircraft used

27  in the aerial application of pesticides, fertilizers, and seed

28  are specialized aviation equipment, the operation of which

29  requires extensive training and is a regulated activity. Such

30  aircraft have the capability of delivering biological or

31  chemical agents with precision over specific sites.

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    Florida Senate - 2002                                   SB 970
    1-849-02




  1  Information that identifies pilots engaged in or aircraft

  2  utilized in the aerial application of pesticides, fertilizers,

  3  and seed or those persons or entities that sell, lease,

  4  purchase, rent, or transfer such aircraft could be used to

  5  obtain an aircraft with such aerial application capability or

  6  training in the operation of such an aircraft for the purpose

  7  of carrying out an act of terrorism. Such information,

  8  especially in a compiled format, would be of significant value

  9  to a person who  desires to use it in furtherance of the

10  commission of a terrorist act. It has been shown that the

11  terrorists involved in the September 11, 2001, attack on the

12  World Trade Center and the Pentagon were interested in the

13  capabilities of aircraft used in the aerial application of

14  pesticides, fertilizers, and seed. Further, the September 11,

15  2001, attack on the World Trade Center and the Pentagon, as

16  well as the intentional spread of anthrax in this country and

17  state, which resulted in the death of one Floridian and

18  infection of several others, provides evidence that the

19  capabilities exist to use this information in the commission

20  of a terrorist act. Consequently, the Legislature finds that

21  information identifying pilots engaged in and aircraft used in

22  the aerial application of pesticides, fertilizers, and seed

23  and those persons or entities that sell, lease, purchase,

24  rent, or transfer such aircraft must be exempt.

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

26  law.

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    Florida Senate - 2002                                   SB 970
    1-849-02




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  2                          SENATE SUMMARY

  3
      Provides an exemption from public-records requirements
  4    for the name, address, and restricted-use license number
      of any person engaged in the aerial application of
  5    pesticides, fertilizers, or seed, and the name and
      address of any person or entity that sells, leases,
  6    purchases, rents, or transfers any aircraft used for the
      aerial application of pesticides, fertilizers, or seed,
  7    obtained by the Department of Agriculture and Consumer
      Services. Provides a statement of public necessity.
  8    Provides for future review and repeal of the exemption.

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