Florida Senate - 2021 SB By Senator Pizzo 38-00277A-21 2021218__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to public records; amending s. 2 828.124, F.S.; providing an exemption from public records requirements for all records containing reports of animal cruelty made by veterinarians, 5 veterinary technicians, and other animal treatment provider employees; providing for future legislative review and repeal of the exemption; providing a statement of public necessity; providing a contingent effective date. 10

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

Section 1. Subsection (7) is added to

section 828.124, 14 Florida Statutes, as created by SB __ or similar legislation, 15 Regular Session, to read: 16 828.124 Reporting animal cruelty; medical records; public records exemption.— 18

(7) In order to protect veterinarians, veterinary technicians, and other animal treatment provider employees who are responsible for the treatment of animals, all records concerning reports of animal cruelty which are required to be made pursuant to this

section and which are held by a law enforcement or an animal control agency, and all records generated as a result of such reports, are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may not be disclosed except as specifically authorized by this subsection. This exemption applies to information in the possession of those entities specifically Florida Senate - 2021 SB 218 38-00277A-21 2021218__ CODING: Words stricken are deletions; words underlined are additions. granted access by this subsection. 30

(

a) Without the written consent of the person reporting, 31 law enforcement or animal control agencies may not release the name of, or other identifying information with respect to, any veterinarian, veterinary technician, or other animal treatment provider employee who reports animal cruelty pursuant to this section, or any information that would identify their place of employment, to any person other than other law enforcement or animal control employees or the appropriate state attorney. 38

(

b) This subsection does not prohibit the subpoenaing of a person reporting animal cruelty, when deemed necessary by the court or the state attorney, if the person who made the report is not disclosed. A veterinarian, veterinary technician, or other animal treatment provider employee who reports a suspected case of animal cruelty may, at the time he or she makes the report, request that the investigating agency or state attorney notify him or her that an animal cruelty investigation has occurred as a result of the report.

The law enforcement or animal control agency or state attorney must mail such notice to the person who makes the report within days after completing the animal cruelty investigation. 50

(

c) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature. 54

Section 2. The Legislature finds that it is a public necessity to protect persons who report animal cruelty by making all records concerning reports of animal cruelty made pursuant to s. 828.124, Florida Statutes, exempt from s. 119.07(1), 58 Florida Senate - 2021 SB 218 38-00277A-21 2021218__ CODING: Words stricken are deletions; words underlined are additions. Florida Statutes, and s. 24(a),

Article I of the State Constitution. Current law protects the medical information and records of the animal patient but does not provide protection from disclosure for the professionals who report animal cruelty, 62 thus potentially leaving the professionals open to harm or retaliatory action.

Protecting the identity and business information of a reporter of animal cruelty improves the mandatory reporting requirements by ensuring that veterinarians, 66 veterinary technicians, and other animal treatment provider employees feel personally and professionally safe to report all instances of animal cruelty to the appropriate law enforcement or animal control officials. Therefore, the Legislature finds that it is a public necessity that such information be made exempt from public records requirements. 72

Section 3. This act shall take effect on the same date that SB __ or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law. 76