Florida Senate - 2022                                     SB 716
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00924-22                                             2022716__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 823.15,
    3         F.S.; providing an exemption from public records
    4         requirements for records containing certain
    5         information pertaining to persons who have adopted an
    6         animal from an animal shelter or animal control agency
    7         operated by a local government; providing for future
    8         legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing
   10         an 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 823.15,
   15  Florida Statutes, to read:
   16         823.15 Public or private animal agencies; sterilization
   17  required for dogs and cats released; recordkeeping requirements;
   18  microchipping; public records exemption for adopter
   19  information.—
   20         (7) The name and e-mail addresses, as well as the home
   21  addresses and telephone numbers, as those terms are defined in
   22  s. 119.071(4)(d), of a person who has adopted an animal from an
   23  animal shelter or animal control agency operated by a county,
   24  municipality, or other incorporated political subdivision on any
   25  record relating to the animal and held by the shelter or agency
   26  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   27  Constitution. This subsection is subject to the Open Government
   28  Sunset Review Act in accordance with s. 119.15 and shall stand
   29  repealed on October 2, 2027, unless reviewed and saved from
   30  repeal through reenactment by the Legislature.
   31         Section 2. The Legislature finds that, as reflected in s.
   32  823.15(1), Florida Statutes, it is an important public policy of
   33  the state to encourage the adoption of animals and to reduce
   34  euthanasia rates for animals in animal shelters and animal
   35  control agencies. Although shelters and agencies are motivated
   36  to find new homes for animals in their custody, adopters of
   37  these animals may become discouraged from adopting if the prior
   38  owners who lost or surrendered custody of those animals, or who
   39  did not reclaim the animals within the applicable time periods,
   40  can obtain the identifying information of the adopters and
   41  attempt to regain custody of the animal from the adopter. The
   42  Legislature finds that the stalking, harassment, and
   43  intimidation of animal adopters by prior animal owners, as well
   44  as prior animal owners’ theft of animals from animal adopters,
   45  are threats to public safety and welfare and to the sanctity of
   46  private property, the family, and the home. The Legislature
   47  therefore finds that it is a public necessity that the names,
   48  home addresses, e-mail addresses, and telephone numbers of
   49  persons who have adopted an animal from an animal shelter or
   50  animal control agency operated by a county, municipality, or
   51  incorporated political subdivision on any record relating to
   52  such animal and held by such shelter or agency be made exempt
   53  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   54  the State Constitution. The Legislature further finds that the
   55  need to protect the names, home addresses, e-mail addresses, and
   56  telephone numbers of animal adopters is sufficiently compelling
   57  to override the state’s public policy of open government and
   58  that the protection of such information cannot be accomplished
   59  without this exemption.
   60         Section 3. This act shall take effect July 1, 2022.