House Bill hb1565e1

                                          HB 1565, First Engrossed



  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 sites; providing an

  6         expiration date; providing a finding of public

  7         necessity; providing an effective date.

  8  

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

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11         Section 1.  Any information identifying the location of

12  archaeological sites contained in site files or other records

13  maintained by the Division of Historical Resources of the

14  Department of State is exempt from the provisions of section

15  119.07(1), Florida Statutes, and Section 24(a) of Article I of

16  the State Constitution, if the Division of Historical

17  Resources finds that disclosure of such information will

18  create a substantial risk of harm, theft, or destruction at

19  such sites. This section is subject to the Open Government

20  Sunset Review Act in accordance with section 119.15, Florida

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

22  reenacted by the Legislature.

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

24  public necessity that information identifying the location of

25  archaeological sites be exempt from public records

26  requirements because the state has a serious problem with

27  archaeological looting. The exact location of an

28  archaeological site should be exempt from disclosure if the

29  Division of Historical Resources determines that disclosure of

30  the site location will create a substantial risk of harm,

31  theft, or destruction at the site.


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CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1565, First Engrossed



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

  2  protection for sensitive sites puts the federal government in

  3  a difficult position. The Federal Government is mandated to

  4  share site-specific information with the Florida State

  5  Historic Preservation Officer to comply with section 106 of

  6  the National Historic Preservation Act of 1966, as amended.

  7  However, section 304 of the National Historic Preservation Act

  8  of 1966, as amended, protects specific information concerning

  9  the location and character of cultural resources, which

10  includes archaeological sites, when sharing that information

11  could place them in jeopardy.

12         (3)  The Legislature also finds that new implementation

13  guidelines for the National Historic Preservation Act of 1966,

14  as amended, require increased consultation with federally

15  recognized tribes. The Legislature finds that managing

16  information concerning Native American sacred sites and sites

17  of cultural patrimony requires this exemption, because

18  credible stewardship in this area necessitates the ability to

19  protect sensitive information from public dissemination.

20         Section 3.  This act shall take effect upon becoming

21  law.

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CODING: Words stricken are deletions; words underlined are additions.