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.
   10  Be It Enacted by the Legislature of the State of Florida:
   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   25  repealed on October 2, 2025, unless reviewed and saved from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.