Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 812
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/03/2020           .                                
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       The Committee on Governmental Oversight and Accountability
       (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  Section 1. Section 379.1026, Florida Statutes, is created to
    6  read:
    7         379.1026 Site-specific location information for endangered
    8  and threatened species; public records exemption.— The site
    9  specific location information held by an agency, as defined in
   10  s. 119.011, concerning an endangered species as defined in s.
   11  379.2291(3)(b), a threatened species as defined in s.
   12  379.2291(3)(c), or a species listed by a federal agency as
   13  endangered or threatened is exempt from s. 119.07(1) and s.
   14  24(a), Art. I of the State Constitution. This exemption does not
   15  apply to the site-specific location information of animals held
   16  in captivity. This section is subject to the Open Government
   17  Sunset Review Act in accordance with s. 119.15 and shall stand
   18  repealed on October 2, 2025, unless reviewed and saved from
   19  repeal by the Legislature.
   20         Section 2. The Legislature finds that it is a public
   21  necessity that the site-specific location information held by an
   22  agency concerning an endangered or threatened species as listed
   23  by a federal agency or the Fish and Wildlife Conservation
   24  Commission be made exempt from s. 119.07(1), Florida Statutes,
   25  and s. 24(a), Article I of the State Constitution. The
   26  Legislature finds that the release of such location information
   27  would jeopardize the continued existence of endangered or
   28  threatened species by increasing the risk of exposure to
   29  wildlife poachers or by threatening the integrity of the site
   30  due to increased use or traffic. This exemption protects private
   31  property owners from potential trespass and related liability
   32  issues when endangered or threatened species are found on their
   33  properties and encourages such property owners, as well as
   34  researchers, to provide agencies with information they might not
   35  otherwise provide if such location information were made public.
   36  The Legislature finds that the harm that may result from the
   37  release of such location information outweighs any public
   38  benefit that may be derived from the disclosure of the
   39  information.
   40         Section 3. This act shall take effect July 1, 2020.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Delete everything before the enacting clause
   45  and insert:
   46                        A bill to be entitled                      
   47         An act relating to public records; creating s.
   48         379.1026, F.S.; providing an exemption from public
   49         records requirements for the site-specific location
   50         information of certain endangered and threatened
   51         species; providing for future legislative review and
   52         repeal of the exemption; providing a statement of
   53         public necessity; providing an effective date.