Florida Senate - 2020                                     SB 786
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-00856A-20                                            2020786__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s. 597.31,
    3         F.S.; providing a public records exemption for certain
    4         aquaculture records held by the Department of
    5         Agriculture and Consumer Services; providing
    6         applicability; providing for future legislative review
    7         and repeal under the Open Government Sunset Review
    8         Act; providing a statement of public necessity;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 597.31, Florida Statutes, is created to
   14  read:
   15         597.31 Public records exemptions; aquaculture records.—
   16         (1) The following information held by the department is
   17  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   18  Constitution:
   19         (a) Shellfish receiving and production logs generated by
   20  shellfish processing facilities licensed pursuant to s. 597.020.
   21         (b) Planting and harvesting amounts, vendor information,
   22  and supporting invoices and receipts reported to the department
   23  pursuant to submerged land leases issued in accordance with
   24  chapter 253 or former chapter 370.
   25         (c) Aquaculture production volume, inventory records, and
   26  invoices or receipts generated by aquaculture facilities
   27  certified pursuant to s. 597.004.
   28         (2) The exemption from public records requirements under
   29  subsection (1) applies to aquaculture records held before, on,
   30  or after July 1, 2020.
   31         (3) This section is subject to the Open Government Sunset
   32  Review Act in accordance with s. 119.15 and shall stand repealed
   33  on October 2, 2025, unless reviewed and saved from repeal
   34  through reenactment by the Legislature.
   35         Section 2. The Legislature finds that it is a public
   36  necessity to make certain production information related to
   37  aquaculture businesses exempt from s. 119.07(1), Florida
   38  Statutes, and s. 24(a), Article I of the State Constitution to
   39  encourage producers to operate in this state and to protect
   40  aquaculture facilities and leases from theft. Producers are
   41  required to provide receiving logs, production volume records,
   42  inventories, and receipts and invoices related to aquaculture
   43  facilities to the Department of Agriculture and Consumer
   44  Services to ensure compliance with the terms and conditions of
   45  sovereign submerged land lease agreements and aquaculture best
   46  management practices. However, these records include
   47  information, such as quantity and price of seed stock purchased
   48  and harvest times which, if released, could be detrimental to
   49  individual businesses. Information regarding products, harvest
   50  times, and locations make aquaculture businesses susceptible to
   51  theft, particularly with respect to sovereign submerged land
   52  leases in remote locations. Because these records are public,
   53  aquaculture businesses may be deterred from working in this
   54  state and are less inclined to provide the required information
   55  to the department, making the department’s monitoring
   56  responsibilities more difficult.
   57         Section 3. This act shall take effect July 1, 2020.