ENROLLED
       2021 Legislature                                         SB 1634
       
       
       
       
       
       
                                                             20211634er
    1  
    2         An act relating to public records; creating s.
    3         597.0042, F.S.; providing a public records exemption
    4         for certain aquaculture records held by the Department
    5         of Agriculture and Consumer Services; providing that
    6         the records may be disclosed to other governmental
    7         entities under certain circumstances; providing for
    8         retroactive application of the exemption; providing
    9         for future legislative review and repeal under the
   10         Open Government Sunset Review Act; providing a
   11         statement of public necessity; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 597.0042, Florida Statutes, is created
   17  to read:
   18         597.0042 Public records exemptions; aquaculture records.—
   19         (1) The following records held by the department are
   20  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   21  of the State Constitution:
   22         (a) Shellfish receiving and production records generated by
   23  shellfish processing facilities licensed pursuant to s. 597.020.
   24         (b) Audit records and supporting documentation required for
   25  submerged land leases issued in accordance with chapter 253 or
   26  former chapter 370.
   27         (c) Aquaculture production records and receipts generated
   28  by aquaculture facilities certified pursuant to s. 597.004.
   29         (2) A record made confidential and exempt under subsection
   30  (1) may be disclosed to another governmental entity in the
   31  performance of its duties and responsibilities and may be
   32  disclosed pursuant to s. 474.2165.
   33         (3) The exemption from public records requirements under
   34  subsection (1) applies to aquaculture records held before, on,
   35  or after July 1, 2021.
   36         (4) This section is subject to the Open Government Sunset
   37  Review Act in accordance with s. 119.15 and shall stand repealed
   38  on October 2, 2026, unless reviewed and saved from repeal
   39  through reenactment by the Legislature.
   40         Section 2. The Legislature finds that it is a public
   41  necessity that certain production records related to aquaculture
   42  and shellfish facilities held by the Department of Agriculture
   43  and Consumer Services be made confidential and exempt from
   44  disclosure under s. 119.07(1), Florida Statutes, and s. 24(a),
   45  Article I of the State Constitution. In the absence of the
   46  exemption, the department may be hindered from obtaining
   47  valuable and accurate information due to the nature of the
   48  industry and its inability to maintain confidentiality of
   49  information that is required by Florida law. With this
   50  exemption, the department can protect this industry and its
   51  facilities while maintaining compliance with federal partners
   52  and documenting the compliance of aquaculture producers with
   53  statutory requirements.
   54         Section 3. This act shall take effect July 1, 2021.