SENATE AMENDMENT
Bill No. CS for SB 2124
Amendment No. ___ Barcode 494458
CHAMBER ACTION
Senate House
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11 Senator Garcia moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Any information identifying the location of
18 archaeological sites contained in site files or other records
19 maintained by the Division of Historical Resources of the
20 Department of State is exempt from the provisions of section
21 119.07(1), Florida Statutes, and Section 24(a) of Article I of
22 the State Constitution, if the Division of Historical
23 Resources finds that disclosure of such information will
24 create a substantial risk of harm, theft, or destruction at
25 such sites. This section is subject to the Open Government
26 Sunset Review Act in accordance with section 119.15, Florida
27 Statutes, and expires on October 2, 2006, unless reviewed and
28 reenacted by the Legislature.
29 Section 2. (1) The Legislature finds that it is a
30 public necessity that information identifying the location of
31 archaeological sites be exempt from public records
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SENATE AMENDMENT
Bill No. CS for SB 2124
Amendment No. ___ Barcode 494458
1 requirements because the state has a serious problem with
2 archaeological looting. The exact location of an
3 archaeological site should be exempt from disclosure if the
4 Division of Historical Resources determines that disclosure of
5 the site location will create a substantial risk of harm,
6 theft, or destruction at the site.
7 (2) The Legislature also finds that the lack of
8 protection for sensitive sites puts the federal government in
9 a difficult position. The Federal Government is mandated to
10 share site-specific information with the Florida State
11 Historic Preservation Officer to comply with section 106 of
12 the National Historic Preservation Act of 1966, as amended.
13 However, section 304 of the National Historic Preservation Act
14 of 1966, as amended, protects specific information concerning
15 the location and character of cultural resources, which
16 includes archaeological sites, when sharing that information
17 could place them in jeopardy.
18 (3) The Legislature also finds that new implementation
19 guidelines for the National Historic Preservation Act of 1966,
20 as amended, require increased consultation with federally
21 recognized tribes. The Legislature finds that managing
22 information concerning Native American sacred sites and sites
23 of cultural patrimony requires this exemption, because
24 credible stewardship in this area necessitates the ability to
25 protect sensitive information from public dissemination.
26 Section 3. This act shall take effect upon becoming a
27 law.
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31 And the title is amended as follows:
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SENATE AMENDMENT
Bill No. CS for SB 2124
Amendment No. ___ Barcode 494458
1 Delete everything before the enacting clause
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3 and insert:
4 A bill to be entitled
5 An act relating to public records; providing an
6 exemption from public records requirements for
7 information identifying the location of
8 specified archaeological sites; providing an
9 expiration date; providing a finding of public
10 necessity; providing an effective date.
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