Florida Senate - 2020                                     SB 812
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00640A-20                                            2020812__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         379.1026, F.S.; providing an exemption from public
    4         records requirements for the site-specific location
    5         information of certain threatened or endangered
    6         species; providing for legislative review and repeal
    7         of the exemption; providing a statement of public
    8         necessity; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 379.1026, Florida Statutes, is created
   13  to read:
   14         379.1026 Site-specific location information for threatened
   15  and endangered species; public records exemption.—
   16         (1) As used in this section, the term:
   17         (a) “Agency” has the same meaning as in s. 119.011.
   18         (b) “Endangered species” has the same meaning as in s.
   19  379.2291(3)(b).
   20         (c) “Threatened species” has the same meaning as in s.
   21  379.2291(3)(c).
   22         (2) The site-specific location information held by an
   23  agency concerning a species that is listed federally as an
   24  endangered species or a threatened species or is listed by the
   25  Fish and Wildlife Conservation Commission as a threatened
   26  species is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   27  State Constitution. This exemption is not waived by the release
   28  of such public record to another agency or an educational or
   29  scientific facility for research purposes. This section is
   30  subject to the Open Government Sunset Review Act in accordance
   31  with s. 119.15 and shall stand repealed on October 2, 2025,
   32  unless reviewed and saved from repeal by the Legislature.
   33         Section 2. The Legislature finds that it is a public
   34  necessity that the site-specific location information held by an
   35  agency concerning a species that is listed federally as an
   36  endangered species or a threatened species or is listed by the
   37  Fish and Wildlife Conservation Commission as a threatened
   38  species be made exempt from s. 119.07(1), Florida Statutes, and
   39  s. 24(a), Article I of the State Constitution. The Legislature
   40  finds that the release of such location information would
   41  jeopardize the continued existence of protected species by
   42  putting them in danger from wildlife poachers or by threatening
   43  the integrity of the site due to increased use of or traffic
   44  within the site. This exemption protects private property owners
   45  from potential trespass and related liability issues when
   46  endangered or threatened species are found on their properties
   47  and encourages the landowners, as well as researchers, to
   48  provide information to the agencies which they would not
   49  otherwise provide if the information could be made public. The
   50  Legislature finds that the harm that may result from the release
   51  of such site-specific location information outweighs any public
   52  benefit that may be derived from the disclosure of the
   53  information.
   54         Section 3. This act shall take effect July 1, 2020.