Florida Senate - 2015 CS for SB 716
By the Committee on Regulated Industries; and Senators Hays,
Soto, and Diaz de la Portilla
580-02523-15 2015716c1
1 A bill to be entitled
2 An act relating to public records; creating s.
3 474.2167, F.S.; providing an exemption from public
4 records requirements for certain animal medical
5 records held by a state college of veterinary medicine
6 that is accredited by the American Veterinary Medical
7 Association Council on Education; authorizing
8 disclosure under certain circumstances; providing for
9 retroactive applicability of the exemption; providing
10 for future legislative review and repeal of the
11 exemption; providing a statement of public necessity;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 474.2167, Florida Statutes, is created
17 to read:
18 474.2167 Confidentiality of animal medical records.—
19 (1) The following records held by any state college of
20 veterinary medicine that is accredited by the American
21 Veterinary Medical Association Council on Education are
22 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
23 of the State Constitution:
24 (a) A medical record generated which relates to diagnosing
25 the medical condition of an animal; prescribing, dispensing, or
26 administering drugs, medicine, appliances, applications, or
27 treatment of whatever nature for the prevention, cure, or relief
28 of a wound, fracture, bodily injury, or disease of an animal; or
29 performing a manual procedure for the diagnosis of or treatment
30 for pregnancy, fertility, or infertility of an animal; and
31 (b) A medical record described in paragraph (a) which is
32 transferred by a previous record owner in connection with the
33 transaction of official business by a state college of
34 veterinary medicine that is accredited by the American
35 Veterinary Medical Association Council on Education.
36 (2) A record made confidential and exempt under subsection
37 (1) may be disclosed to another governmental entity in the
38 performance of its duties and responsibilities.
39 (3) The exemption from public records requirements under
40 subsection (1) applies to animal medical records held before,
41 on, or after the effective date of this exemption.
42 (4) This section is subject to the Open Government Sunset
43 Review Act in accordance with s. 119.15 and shall stand repealed
44 on October 2, 2020, unless reviewed and saved from repeal
45 through reenactment by the Legislature.
46 Section 2. The Legislature finds that it is a public
47 necessity that a medical record generated which relates to
48 diagnosing the medical condition of an animal; prescribing,
49 dispensing, or administering drugs, medicine, appliances,
50 applications, or treatment of whatever nature for the
51 prevention, cure, or relief of a wound, fracture, bodily injury,
52 or disease of an animal; or performing a manual procedure for
53 the diagnosis of or treatment for pregnancy or fertility or
54 infertility of an animal, which is held by a state college of
55 veterinary medicine that is accredited by the American
56 Veterinary Medical Association Council on Education, be made
57 confidential and exempt from s. 119.07(1), Florida Statutes, and
58 s. 24(a), Article I of the State Constitution. The Legislature
59 also finds that it is a public necessity that any such medical
60 record that is transferred by a previous records owner in
61 connection with the transaction of official business by a state
62 college of veterinary medicine that is accredited by the
63 American Veterinary Medical Association Council on Education and
64 that is held by such state college be made confidential and
65 exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
66 Article I of the State Constitution. The Legislature also finds
67 that it is a public necessity that this exemption apply to such
68 animal medical records held by such a state college of
69 veterinary medicine before, on, or after the effective date of
70 the exemption. The Legislature finds that the release of such
71 animal medical records will compromise the confidentiality
72 protections otherwise afforded to animals and the owners or
73 agents of such animals treated by licensed veterinarians. The
74 Legislature finds that owners or agents of animals have the
75 right to the privacy of the medical records of their animals.
76 The Legislature finds that the privacy concerns that result from
77 the release of animal medical records outweigh any public
78 benefit that may be derived from the disclosure of the
79 information.
80 Section 3. This act shall take effect July 1, 2015.