Senate Bill 1134

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    Florida Senate - 1998                                  SB 1134

    By Senators Bronson, Latvala, Brown-Waite, Williams, Grant,
    Kurth, Thomas, Dyer, Silver, Crist, Harris, Jones, Cowin,
    Kirkpatrick, Burt, Holzendorf, Rossin, Lee, McKay, Forman,
    Clary, Horne, Meadows, Klein, Hargrett and Gutman


    18-321A-98

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         828.30, F.S.; providing an exemption from

  4         public records requirements for specified

  5         information contained in a rabies vaccination

  6         certificate; authorizing disclosure to certain

  7         public agencies and to other persons under

  8         certain conditions; providing for future review

  9         and repeal; providing a finding of public

10         necessity; providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Section 828.30, Florida Statutes, is

15  amended to read:

16         828.30  Rabies vaccination of dogs and cats.--

17         (1)  All dogs and cats 4 months of age or older must be

18  vaccinated by a licensed veterinarian against rabies with a

19  United States Government-approved vaccine. The cost of

20  vaccination must be borne by the animal's owner.

21         (2)  A dog or cat is exempt from vaccination against

22  rabies if a licensed veterinarian has examined the animal and

23  has certified in writing that at the time vaccination would

24  endanger the animal's health because of its age, infirmity,

25  disability, illness, or other medical considerations. An

26  exempt animal must be vaccinated against rabies as soon as its

27  health permits.

28         (3)  Upon vaccination against rabies, the licensed

29  veterinarian shall provide the animal's owner and the animal

30  control authority with a rabies vaccination certificate which

31  must contain at least the following information:

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    Florida Senate - 1998                                  SB 1134
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  1         (a)  The license number of the administering

  2  veterinarian.

  3         (b)  The name, address, and phone number of the

  4  veterinarian and owner.

  5         (c)  The date of vaccination.

  6         (d)  The expiration date of the vaccination.

  7         (e)  The species, age, sex, color, breed, weight, and

  8  name of the animal vaccinated.

  9         (f)  The rabies vaccine manufacturer.

10         (g)  The vaccine lot number and expiration date.

11         (h)  The type and brand of vaccine used.

12         (i)  The route of administration of the vaccine.

13         (j)  The signature or signature stamp of the licensed

14  veterinarian.

15         (4)  Except as provided in this subsection, the name,

16  address, and telephone number of the animal owner which are

17  set forth in the rabies vaccination certificate provided to

18  the animal control authority are confidential and exempt from

19  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

20  Such confidential and exempt information may be given to other

21  public agencies as needed. The receiving agencies must

22  maintain the confidentiality of the information. However, a

23  state or local governmental agency may provide the

24  confidential and exempt rabies vaccination certificate

25  information to any person for inspection at the animal control

26  authority, but only in nonelectronic form, only the

27  information from one rabies vaccination certificate at a time,

28  and only if the person makes the request using the name or

29  address of the animal owner. This subsection is subject to the

30  Open Government Sunset Review Act of 1995 in accordance with

31  s. 119.15, and shall stand repealed on October 2, 2003, unless

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    Florida Senate - 1998                                  SB 1134
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  1  reviewed and saved from repeal through reenactment by the

  2  Legislature.

  3         (5)(4)  Violation of this section is a civil

  4  infraction, punishable as provided in s. 828.27(2).

  5         (6)(5)  This section does not prohibit or limit

  6  municipalities or counties from enacting requirements similar

  7  to or more stringent than the provisions of this section for

  8  the implementation and enforcement of rabies-control

  9  ordinances.

10         Section 2.  The Legislature finds that there is a

11  public necessity to compile information contained in rabies

12  vaccination certificates and to readily provide such

13  information when necessary to promote public health, safety,

14  and welfare.  However, the Legislature also finds that such

15  information is both confidential to the pet owner and

16  proprietary for the veterinarian and should be distributed

17  only when the public health, safety, and welfare demand.

18  Rabies vaccination certificates include personal information

19  about individual pet owners which, when compiled, can be used

20  to produce the client list of each veterinarian who has

21  complied with the provisions of section 828.30, Florida

22  Statutes, which requires the filing of a copy of rabies

23  vaccination certificates with the local animal control

24  authority.  Such lists are trade secrets as defined by section

25  812.081, Florida Statutes.  The Legislature finds that it is a

26  public necessity that trade secret information be expressly

27  made confidential and exempt from public records law because

28  it is a felony to disclose such records.  Thus, the public and

29  private harm in disclosing trade secrets significantly

30  outweighs any public benefit derived from disclosure, and the

31  public's ability to scrutinize and monitor agency action is

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    Florida Senate - 1998                                  SB 1134
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  1  not diminished by nondisclosure of trade secrets.  Generally,

  2  the release of such information for reasons outside the scope

  3  of public health, safety, and welfare unnecessarily

  4  jeopardizes the right to privacy of pet owners who have their

  5  pets vaccinated and, further, negatively affects veterinarians

  6  who submit rabies vaccination certificates by making the

  7  identities of their clients readily available to competing

  8  business interests. Furthermore, veterinarians are subject to

  9  medical confidentiality provisions.  Release of identifying

10  information in the rabies vaccination certificate for reasons

11  other than the protection of public health, safety, and

12  welfare could represent a breach of client confidentiality.

13  In addition, release of the information contained in a rabies

14  vaccination certificate could subject pet owners to possible

15  theft or harassment by individuals who target particular

16  breeds, as well as to solicitations, including solicitations

17  from competing veterinary business interests.  Owners could

18  become reluctant to have their pets vaccinated against rabies.

19  Any decrease in the number of dogs and cats vaccinated against

20  rabies would hinder the ability of animal control authorities

21  to protect the public against the spread of rabies and

22  endanger the public health, safety, and welfare.

23         Section 3.  This act shall take effect October 1, 1998.

24

25            *****************************************

26                       LEGISLATIVE SUMMARY

27
      Provides an exemption from public records requirements
28    for specified information contained in a rabies
      vaccination certificate.  Authorizes disclosure to
29    certain public agencies and to other persons under
      certain conditions.  Provides for future review and
30    repeal.

31

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