Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 812
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Environment and Natural Resources (Hutson)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 379.1026, Florida Statutes, is created
    6  to read:
    7         379.1026 Site-specific location information for endangered
    8  and threatened species; public records exemption.—
    9         (1)As used in this section, the term:
   10         (a)“Agency” has the same meaning as in s. 119.011.
   11         (b)“Endangered species” has the same meaning as in s.
   12  379.2291(3)(b).
   13         (c)“Threatened species” has the same meaning as in s.
   14  379.2291(3)(c).
   15         (2)The site-specific location information held by an
   16  agency concerning a species listed by a federal agency as
   17  endangered or threatened or listed by the Fish and Wildlife
   18  Conservation Commission as threatened is exempt from s.
   19  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   20  exemption does not apply to animals held in captivity and is not
   21  waived by the release of such location information to another
   22  agency or to an educational institution or scientific facility
   23  for research purposes. This section is subject to the Open
   24  Government Sunset Review Act in accordance with s. 119.15 and
   25  shall stand repealed on October 2, 2025, unless reviewed and
   26  saved from 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 a species listed by a federal agency as
   30  endangered or threatened or listed by the Fish and Wildlife
   31  Conservation Commission as threatened be made exempt from s.
   32  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   33  State Constitution. The Legislature finds that the release of
   34  such location information would jeopardize the continued
   35  existence of endangered or threatened species by increasing the
   36  risk of exposure to wildlife poachers or by threatening the
   37  integrity of the site due to increased use or traffic. This
   38  exemption protects private property owners from potential
   39  trespass and related liability issues when endangered or
   40  threatened species are found on their properties and encourages
   41  such property owners, as well as researchers, to provide
   42  agencies with information they might not otherwise provide if
   43  such location information were made public. The Legislature
   44  finds that the harm that may result from the release of such
   45  location information outweighs any public benefit that may be
   46  derived from the disclosure of the information.
   47         Section 3. This act shall take effect July 1, 2020.
   49  ================= T I T L E  A M E N D M E N T ================
   50  And the title is amended as follows:
   51         Delete everything before the enacting clause
   52  and insert:
   53                        A bill to be entitled                      
   54         An act relating to public records; creating s.
   55         379.1026, F.S.; providing an exemption from public
   56         records requirements for the site-specific location
   57         information of certain endangered and threatened
   58         species; providing for future legislative review and
   59         repeal of the exemption; providing a statement of
   60         public necessity; providing an effective date.