Senate Bill sb0970c1

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    Florida Senate - 2002                            CS for SB 970

    By the Committee on Governmental Oversight and Productivity;
    and Senator Peaden




    302-2022-02

  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

  5         restricted-use license number of any person

  6         engaged in the aerial application of

  7         pesticides, fertilizers, or seed held by the

  8         Department of Agriculture and Consumer

  9         Services, and for any flight plan filed with

10         the department by a person engaged in the

11         aerial application of pesticides, fertilizers,

12         or seed, until 24 hours after the flight is

13         completed; providing a statement of public

14         necessity; providing for future review and

15         repeal; providing a contingent effective date.

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

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

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

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

22         119.07 Inspection, examination, and duplication of

23  records; exemptions.--

24         (3)

25         (ee)  The restricted-use license number of any person

26  engaged in the aerial application of pesticides, fertilizers,

27  or seed held by the Department of Agriculture and Consumer

28  Services is exempt from the requirements of subsection (1) and

29  s. 24(a), Art. I of the State Constitution.  Additionally, any

30  flight plan filed with the department by any person engaged in

31  the aerial application of pesticides, fertilizers, or seed is

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    Florida Senate - 2002                            CS for SB 970
    302-2022-02




  1  also exempt from the requirements of subsection (1) and s.

  2  24(a), Art. I of the State Constitution, until 24 hours after

  3  the flight is completed.  This paragraph is subject to the

  4  Open Government Sunset Review Act of 1995, in accordance with

  5  s. 119.15, and shall stand repealed on October 2, 2007, unless

  6  reviewed and saved from repeal through reenactment by the

  7  Legislature.

  8         Section 2.  The Legislature finds that the exemption

  9  from the public records requirements provided by this act is a

10  public necessity because this information can be used for

11  illegal and severely damaging purposes.  Aircraft used in the

12  aerial application of pesticides, fertilizers, and seed have

13  the capability of delivering a biological or chemical agent

14  with precision over a specific site.  Release of flight plan

15  information could be used to obtain an aircraft with such

16  aerial application capability for the purpose of carrying out

17  an act of terrorism. In addition, a person knowing a pilot's

18  restricted-use license number could obtain various chemicals

19  which if used for an improper purpose could be extremely

20  harmful.  The terrorists involved in the September 11, 2001,

21  attack on the World Trade Center and the Pentagon were

22  interested in the capabilities of aircraft used in the aerial

23  application of pesticides, fertilizers, and seed. Further, the

24  September 11, 2001, attack on the World Trade Center and the

25  Pentagon, as well as the intentional spread of anthrax in this

26  country and state, which resulted in the death of one

27  Floridian and infection of several others, provides evidence

28  that the capabilities exist to use exempt information in the

29  commission of a terrorist act.

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

31  law.

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    Florida Senate - 2002                            CS for SB 970
    302-2022-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 970

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  4  Narrows breadth of exemption in the bill by limiting the
    exemption to the restricted-use license number of a person
  5  engaged in aerial application of pesticides, fertilizers or
    seed and to flight plans for 24-hours after the flight.
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