Florida Senate - 2020 CS for CS for SB 812 By the Committees on Governmental Oversight and Accountability; and Environment and Natural Resources; and Senator Hutson 585-03005-20 2020812c2 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.—The site 16 specific location information held by an agency, as defined in 17 s. 119.011, concerning an endangered species as defined in s. 18 379.2291(3)(b), a threatened species as defined in s. 19 379.2291(3)(c), or a species listed by a federal agency as 20 endangered or threatened is exempt from s. 119.07(1) and s. 21 24(a), Art. I of the State Constitution. This exemption does not 22 apply to the site-specific location information of animals held 23 in captivity. This section is subject to the Open Government 24 Sunset Review Act in accordance with s. 119.15 and shall stand 25 repealed on October 2, 2025, unless reviewed and saved from 26 repeal by the Legislature. 27 Section 2. The Legislature finds that it is a public 28 necessity that the site-specific location information held by an 29 agency concerning an endangered or threatened species as listed 30 by a federal agency or the Fish and Wildlife Conservation 31 Commission be made exempt from s. 119.07(1), Florida Statutes, 32 and s. 24(a), Article I of the State Constitution. The 33 Legislature finds that the release of such location information 34 would jeopardize the continued existence of endangered or 35 threatened species by increasing the risk of exposure to 36 wildlife poachers or by threatening the integrity of the site 37 due to increased use or traffic. This exemption protects private 38 property owners from potential trespass and related liability 39 issues when endangered or threatened species are found on their 40 properties and encourages such property owners, as well as 41 researchers, to provide agencies with information they might not 42 otherwise provide if such location information were made public. 43 The Legislature finds that the harm that may result from the 44 release of such location information outweighs any public 45 benefit that may be derived from the disclosure of the 46 information. 47 Section 3. This act shall take effect July 1, 2020.