Florida Senate - 2020                              CS for SB 812
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Hutson
       
       
       
       
       592-02237-20                                           2020812c1
    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 endangered and threatened
    6         species; providing for future legislative review and
    7         repeal of the exemption; providing a statement of
    8         public 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 endangered
   15  and threatened 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 listed by a federal agency as
   24  endangered or threatened or listed by the Fish and Wildlife
   25  Conservation Commission as threatened is exempt from s.
   26  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   27  exemption does not apply to animals held in captivity and is not
   28  waived by the release of such location information to another
   29  agency or to an educational institution or scientific facility
   30  for research purposes. This section is subject to the Open
   31  Government Sunset Review Act in accordance with s. 119.15 and
   32  shall stand repealed on October 2, 2025, unless reviewed and
   33  saved from repeal by the Legislature.
   34         Section 2. The Legislature finds that it is a public
   35  necessity that the site-specific location information held by an
   36  agency concerning a species listed by a federal agency as
   37  endangered or threatened or listed by the Fish and Wildlife
   38  Conservation Commission as threatened be made exempt from s.
   39  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   40  State Constitution. The Legislature finds that the release of
   41  such location information would jeopardize the continued
   42  existence of endangered or threatened species by increasing the
   43  risk of exposure to wildlife poachers or by threatening the
   44  integrity of the site due to increased use or traffic. This
   45  exemption protects private property owners from potential
   46  trespass and related liability issues when endangered or
   47  threatened species are found on their properties and encourages
   48  such property owners, as well as researchers, to provide
   49  agencies with information they might not otherwise provide if
   50  such location information were made public. The Legislature
   51  finds that the harm that may result from the release of such
   52  location information outweighs any public benefit that may be
   53  derived from the disclosure of the information.
   54         Section 3. This act shall take effect July 1, 2020.