Senate Bill sb0970
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Florida Senate - 2002 SB 970
By Senator Peaden
1-849-02
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, and the name
8 and address of any person or entity that sells,
9 leases, purchases, rents, or transfers any
10 aircraft used for the aerial application of
11 pesticides, fertilizers, or seed, obtained by
12 the Department of Agriculture and Consumer
13 Services pursuant to specified provisions of
14 Florida Statutes; providing a statement of
15 public necessity; providing for future review
16 and repeal; providing a contingent effective
17 date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Paragraph (ee) is added to subsection (3)
22 of section 119.07, Florida Statutes, as amended by section 1
23 of chapter 2001-364, Laws of Florida, to read:
24 119.07 Inspection, examination, and duplication of
25 records; exemptions.--
26 (3)
27 (ee) The name, address, and restricted-use license
28 number of any person engaged in the aerial application of
29 pesticides, fertilizers, or seed, and the name and address of
30 any person or entity that sells, leases, purchases, rents, or
31 transfers any aircraft used for the aerial application of
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Florida Senate - 2002 SB 970
1-849-02
1 pesticides, fertilizers, or seed, obtained by the Department
2 of Agriculture and Consumer Services pursuant to the
3 provisions of ss. 487.051(1)(d), 570.07(39), 576.181(3), and
4 578.11(2)(j), are exempt from the requirements of subsection
5 (1) and s. 24(a), Art. I of the State Constitution. This
6 paragraph is subject to the Open Government Sunset Review Act
7 of 1995, in accordance with s. 119.15, and shall stand
8 repealed on October 2, 2007, unless reviewed and saved from
9 repeal through reenactment by the Legislature.
10 Section 2. The Legislature finds that the exemption
11 from public-records requirements provided by this act for the
12 name, address, and restricted-use license number of any person
13 engaged in the aerial application of pesticides, fertilizers,
14 or seed, and the name and address of any person or entity that
15 sells, leases, purchases, rents, or transfers any aircraft
16 used for the aerial application of pesticides, fertilizers, or
17 seed, obtained by the Department of Agriculture and Consumer
18 Services pursuant to the provisions of sections 487.051(1)(d),
19 570.07(39), 576.181(3), and 578.11(2)(j), Florida Statutes, is
20 a public necessity because this information can be used by a
21 terrorist to expedite the identification of pilots and
22 aircraft used in the aerial application of pesticides,
23 fertilizers, and seed and to expedite the identification of
24 those persons or entities that sell, lease, purchase, rent, or
25 transfer such aircraft and thereby aid the terrorist in the
26 planning and commission of an act of terrorism. Aircraft used
27 in the aerial application of pesticides, fertilizers, and seed
28 are specialized aviation equipment, the operation of which
29 requires extensive training and is a regulated activity. Such
30 aircraft have the capability of delivering biological or
31 chemical agents with precision over specific sites.
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Florida Senate - 2002 SB 970
1-849-02
1 Information that identifies pilots engaged in or aircraft
2 utilized in the aerial application of pesticides, fertilizers,
3 and seed or those persons or entities that sell, lease,
4 purchase, rent, or transfer such aircraft could be used to
5 obtain an aircraft with such aerial application capability or
6 training in the operation of such an aircraft for the purpose
7 of carrying out an act of terrorism. Such information,
8 especially in a compiled format, would be of significant value
9 to a person who desires to use it in furtherance of the
10 commission of a terrorist act. It has been shown that the
11 terrorists involved in the September 11, 2001, attack on the
12 World Trade Center and the Pentagon were interested in the
13 capabilities of aircraft used in the aerial application of
14 pesticides, fertilizers, and seed. Further, the September 11,
15 2001, attack on the World Trade Center and the Pentagon, as
16 well as the intentional spread of anthrax in this country and
17 state, which resulted in the death of one Floridian and
18 infection of several others, provides evidence that the
19 capabilities exist to use this information in the commission
20 of a terrorist act. Consequently, the Legislature finds that
21 information identifying pilots engaged in and aircraft used in
22 the aerial application of pesticides, fertilizers, and seed
23 and those persons or entities that sell, lease, purchase,
24 rent, or transfer such aircraft must be exempt.
25 Section 3. This act shall take effect upon becoming a
26 law.
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Florida Senate - 2002 SB 970
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2 SENATE SUMMARY
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Provides an exemption from public-records requirements
4 for the name, address, and restricted-use license number
of any person engaged in the aerial application of
5 pesticides, fertilizers, or seed, and the name and
address of any person or entity that sells, leases,
6 purchases, rents, or transfers any aircraft used for the
aerial application of pesticides, fertilizers, or seed,
7 obtained by the Department of Agriculture and Consumer
Services. Provides a statement of public necessity.
8 Provides for future review and repeal of the exemption.
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