Florida Senate - 2024                                     SB 660
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00276A-24                                           2024660__
    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 held by an animal shelter or
    5         animal control agency operated by a local government
    6         which contain certain information pertaining to
    7         persons with legal custody of an animal; providing for
    8         future 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.—
   19         (7) The personal identifying information of persons who
   20  foster, adopt, or otherwise receive legal custody of an animal
   21  from an animal shelter or animal control agency operated by a
   22  county, municipality, or other incorporated political
   23  subdivision in any record relating to the animal and held by the
   24  shelter or agency are exempt from s. 119.07(1) and s. 24(a),
   25  Art. I of the State Constitution. This subsection is subject to
   26  the Open Government Sunset Review Act in accordance with s.
   27  119.15 and shall stand repealed on October 2, 2029, unless
   28  reviewed and saved from repeal through reenactment by the
   29  Legislature.
   30         Section 2. The Legislature finds that it is a public
   31  necessity that the personal identifying information of persons
   32  who foster, adopt, or otherwise receive legal custody of an
   33  animal from an animal shelter or animal control agency operated
   34  by a county, municipality, or other incorporated political
   35  subdivision in any record relating to the animal and held by the
   36  shelter or agency be made exempt from s. 119.07(1), Florida
   37  Statutes, and s. 24(a), Article I of the State Constitution. The
   38  Legislature finds that, as reflected in s. 823.15(1), Florida
   39  Statutes, it is an important public policy of the state to
   40  encourage the fostering, adoption, and transfer of animals and
   41  to reduce euthanasia rates for animals in animal shelters and
   42  animal control agencies. Although such shelters and agencies are
   43  motivated to find new homes or placements for animals in their
   44  custody, potential fosterers and adopters and other persons
   45  considering receiving legal custody of animals may become
   46  discouraged from fostering, adopting, or receiving legal custody
   47  of the animals if the prior owners who lost or surrendered legal
   48  custody of the animals, or who did not reclaim the animals
   49  within the applicable time periods, can obtain their personal
   50  identifying information and attempt to regain legal custody of
   51  the animals from such persons. The Legislature finds that the
   52  stalking, harassment, and intimidation of animal fosterers,
   53  adopters, and other persons receiving legal custody of animals
   54  by prior animal owners, as well as prior animal owners’ theft of
   55  animals from such persons, are threats to public safety and
   56  welfare and to the sanctity of private property, the family, and
   57  the home. The Legislature further finds that the need to protect
   58  the personal identifying information of animal fosterers,
   59  adopters, and other persons receiving legal custody of animals
   60  is sufficiently compelling to override the state’s public policy
   61  of open government and that the protection of such information
   62  cannot be accomplished without this exemption.
   63         Section 3. This act shall take effect July 1, 2024.