House Bill hb0147B

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    Florida House of Representatives - 2001               HB 147-B

        By Representatives Spratt, Stansel and Kendrick






  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, the Federal

  8         Aviation Administration aircraft registration

  9         number of any aircraft used for the aerial

10         application of pesticides, fertilizers, or

11         seed, and the name and address of any person or

12         entity that sells, leases, purchases, rents, or

13         transfers any aircraft used for the aerial

14         application of pesticides, fertilizers, or

15         seed, obtained by the Department of Agriculture

16         and Consumer Services pursuant to specified

17         provisions of Florida Statutes; providing a

18         statement of public necessity; providing for

19         future review and repeal; providing a

20         contingent effective date.

21

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

23

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

25  of section 119.07, Florida Statutes, to read:

26         119.07 Inspection, examination, and duplication of

27  records; exemptions.--

28         (3)

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

30  number of any person engaged in the aerial application of

31  pesticides, fertilizers, or seed; the Federal Aviation

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    Florida House of Representatives - 2001               HB 147-B

    587-162-01






  1  Administration aircraft registration number of any aircraft

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

  3  seed; and the name and address of any person or entity that

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

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

  6  seed, obtained by the Department of Agriculture and Consumer

  7  Services pursuant to the provisions of ss. 487.051(1)(d),

  8  570.07(39), 576.181(3), and 578.11(2)(j), are exempt from the

  9  requirements of subsection (1) and s. 24(a), Art. I of the

10  State Constitution. This paragraph is subject to the Open

11  Government Sunset Review Act of 1995, in accordance with s.

12  119.15, and shall stand repealed on October 2, 2006, unless

13  reviewed and saved from repeal through reenactment by the

14  Legislature.

15         Section 2.  The Legislature finds that the exemption

16  from public records requirements provided by this act for the

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

18  engaged in the aerial application of pesticides, fertilizers,

19  or seed; the Federal Aviation Administration aircraft

20  registration number of any aircraft used for the aerial

21  application of pesticides, fertilizers, or seed; and the name

22  and address of any person or entity that sells, leases,

23  purchases, rents, or transfers any aircraft used for the

24  aerial application of pesticides, fertilizers, or seed,

25  obtained by the Department of Agriculture and Consumer

26  Services pursuant to the provisions of ss. 487.051(1)(d),

27  570.07(39), 576.181(3), and 578.11(2)(j), Florida Statutes, is

28  a public necessity because this information can be used to

29  identify pilots and aircraft used in the aerial application of

30  pesticides, fertilizers, and seed and those persons or

31  entities that sell, lease, purchase, rent, or transfer such

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    Florida House of Representatives - 2001               HB 147-B

    587-162-01






  1  aircraft in furtherance of the commission of an act of

  2  terrorism. Aircraft used in the aerial application of

  3  pesticides, fertilizers, and seed are specialized aviation

  4  equipment, the operation of which requires extensive training

  5  and is a regulated activity. Such aircraft have the capability

  6  of delivering a biological or chemical agent with precision

  7  over a specific site. Information that identifies pilots

  8  engaged in or aircraft utilized in the aerial application of

  9  pesticides, fertilizers, and seed or those persons or entities

10  that sell, lease, purchase, rent, or transfer such aircraft

11  could be used to obtain either an aircraft with such aerial

12  application capability or training in the operation of such an

13  aircraft for the purpose of carrying out an act of terrorism.

14  Because no compilation of this information exists outside the

15  Department of Agriculture and Consumer Services, such a

16  compilation would be of significant value to a person who

17  might desire to use such information in furtherance of the

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

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

20  World Trade Center and the Pentagon were interested in the

21  capabilities of aircraft used in the aerial application of

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

23  2001, attack on the World Trade Center and the Pentagon, as

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

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

26  infection of several others, provides evidence that the

27  capabilities exist to utilize this information in the

28  commission of a terrorist act. It is clear that terrorists, if

29  so determined to use aircraft with such aerial application

30  capability, would take the steps necessary to purchase such

31  aircraft, obtain the training necessary to operate such

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    Florida House of Representatives - 2001               HB 147-B

    587-162-01






  1  aircraft, and develop the skill needed to use this type of

  2  aircraft in the commission of a terrorist act. Consequently,

  3  the Legislature finds that information identifying pilots

  4  engaged in and aircraft used in the aerial application of

  5  pesticides, fertilizers, and seed and those persons or

  6  entities that sell, lease, purchase, rent, or transfer such

  7  aircraft must be exempt.

  8         Section 3.  This act shall take effect on the same date

  9  that HB 115-B or similar legislation authorizing the

10  Department of Agriculture and Consumer Services to adopt rules

11  establishing requirements governing aircraft used for the

12  aerial application of pesticides, fertilizers, and seed is

13  adopted in the same legislative session or an extension

14  thereof and becomes law.

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16            *****************************************

17                          HOUSE SUMMARY

18
      Provides an exemption from public records requirements
19    for the name, address, and restricted-use license number
      of any person engaged in the aerial application of
20    pesticides, fertilizers, or seed, the Federal Aviation
      Administration aircraft registration number of any
21    aircraft used for the aerial application of pesticides,
      fertilizers, or seed, and the name and address of any
22    person or entity that sells, leases, purchases, rents, or
      transfers any aircraft used for the aerial application of
23    pesticides, fertilizers, or seed, obtained by the
      Department of Agriculture and Consumer Services. Provides
24    a statement of public necessity. Provides for future
      review and repeal of the exemption. Provides that the act
25    is contingent upon passage of HB 115-B or similar
      legislation authorizing the Department of Agriculture and
26    Consumer Services to adopt rules establishing
      requirements governing aircraft used for the aerial
27    application of pesticides, fertilizers, and seed.

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29

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