Florida Senate - 2021                                     SB 218
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00277A-21                                           2021218__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         828.124, F.S.; providing an exemption from public
    4         records requirements for all records containing
    5         reports of animal cruelty made by veterinarians,
    6         veterinary technicians, and other animal treatment
    7         provider employees; providing for future legislative
    8         review and repeal of the exemption; providing a
    9         statement of public necessity; providing a contingent
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (7) is added to section 828.124,
   15  Florida Statutes, as created by SB __ or similar legislation,
   16  2021 Regular Session, to read:
   17         828.124 Reporting animal cruelty; medical records; public
   18  records exemption.—
   19         (7) In order to protect veterinarians, veterinary
   20  technicians, and other animal treatment provider employees who
   21  are responsible for the treatment of animals, all records
   22  concerning reports of animal cruelty which are required to be
   23  made pursuant to this section and which are held by a law
   24  enforcement or an animal control agency, and all records
   25  generated as a result of such reports, are confidential and
   26  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   27  Constitution and may not be disclosed except as specifically
   28  authorized by this subsection. This exemption applies to
   29  information in the possession of those entities specifically
   30  granted access by this subsection.
   31         (a) Without the written consent of the person reporting,
   32  law enforcement or animal control agencies may not release the
   33  name of, or other identifying information with respect to, any
   34  veterinarian, veterinary technician, or other animal treatment
   35  provider employee who reports animal cruelty pursuant to this
   36  section, or any information that would identify their place of
   37  employment, to any person other than other law enforcement or
   38  animal control employees or the appropriate state attorney.
   39         (b) This subsection does not prohibit the subpoenaing of a
   40  person reporting animal cruelty, when deemed necessary by the
   41  court or the state attorney, if the person who made the report
   42  is not disclosed. A veterinarian, veterinary technician, or
   43  other animal treatment provider employee who reports a suspected
   44  case of animal cruelty may, at the time he or she makes the
   45  report, request that the investigating agency or state attorney
   46  notify him or her that an animal cruelty investigation has
   47  occurred as a result of the report. The law enforcement or
   48  animal control agency or state attorney must mail such notice to
   49  the person who makes the report within 10 days after completing
   50  the animal cruelty investigation.
   51         (c) This subsection is subject to the Open Government
   52  Sunset Review Act in accordance with s. 119.15 and shall stand
   53  repealed on October 2, 2026, unless reviewed and saved from
   54  repeal through reenactment by the Legislature.
   55         Section 2. The Legislature finds that it is a public
   56  necessity to protect persons who report animal cruelty by making
   57  all records concerning reports of animal cruelty made pursuant
   58  to s. 828.124, Florida Statutes, exempt from s. 119.07(1),
   59  Florida Statutes, and s. 24(a), Article I of the State
   60  Constitution. Current law protects the medical information and
   61  records of the animal patient but does not provide protection
   62  from disclosure for the professionals who report animal cruelty,
   63  thus potentially leaving the professionals open to harm or
   64  retaliatory action. Protecting the identity and business
   65  information of a reporter of animal cruelty improves the
   66  mandatory reporting requirements by ensuring that veterinarians,
   67  veterinary technicians, and other animal treatment provider
   68  employees feel personally and professionally safe to report all
   69  instances of animal cruelty to the appropriate law enforcement
   70  or animal control officials. Therefore, the Legislature finds
   71  that it is a public necessity that such information be made
   72  exempt from public records requirements.
   73         Section 3. This act shall take effect on the same date that
   74  SB __ or similar legislation takes effect, if such legislation
   75  is adopted in the same legislative session or an extension
   76  thereof and becomes a law.