Senate Bill sb2124c1

    Florida Senate - 2001                           CS for SB 2124

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Garcia




    316-1795-01

  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 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 destruction or harm at such

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

20  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 and confidential from public

26  records requirements because the state has a serious problem

27  with 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.






    Florida Senate - 2001                           CS for SB 2124
    316-1795-01




  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 further finds that this exemption

13  is required by the development of Geographic Information

14  System databases listing sites located in the Florida Master

15  Site File at the Florida Department of State. The Geographic

16  Information System is a valuable tool for recording

17  site-location and survey data for participating in research,

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

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

20  quickly disseminated to the public via the Internet,

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

22  this data for sensitive archaeological locations.

23         (4)  The Legislature also finds that new implementation

24  guidelines for the National Historic Preservation Act of 1966,

25  as amended, require increased consultation with federally

26  recognized tribes. The Legislature finds that managing

27  information concerning Native American sacred sites and sites

28  of cultural patrimony carries a responsibility of

29  confidentiality. Credible stewardship in these areas requires

30  the ability to protect sensitive information from public

31  dissemination.

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






    Florida Senate - 2001                           CS for SB 2124
    316-1795-01




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

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                             SB 2124

  6

  7  This CS corrects the following technical problems with the
    bill:
  8
    It removes the reference to "cultural sites" in the statement
  9  of public necessity in subsection (1) of section 2;

10  It corrects references to the National Historic Preservation
    Act and the Florida Site File; and
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    Includes the word "in" after the word "participating" in
12  subsection (3) of section 2.

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