House Bill hb0731c1

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    Florida House of Representatives - 2002              CS/HB 731

        By the Council for Smarter Government and Committee on
    Security, Select and Representatives Machek, Gelber, Ball,
    Green, Cusack, Cantens, Hart, Pickens and Brummer




  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 Services

  9         and for any flight plan filed with the

10         department by a person engaged in the aerial

11         application of pesticides, fertilizers, or

12         seed; providing a time limitation on the

13         exemption for such flight plans; providing a

14         statement of public necessity; providing for

15         future review and repeal; providing an

16         effective date.

17

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

19

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

21  of section 119.07, Florida Statutes, 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 House of Representatives - 2002              CS/HB 731

    405-158-02






  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  5  s. 119.15, and shall stand repealed on October 2, 2007, unless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 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 utilize exempt information in

29  the commission of a terrorist act.

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

31  law.

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