Florida 2023 2023 Regular Session

Florida House Bill H0157 Introduced / Bill

Filed 01/10/2023

                       
 
HB 157  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0157-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to public records; amending s. 823.15, 2 
F.S.; providing an exemption from public records 3 
requirements for records containing certain 4 
information pertaining to persons with legal custody 5 
of an animal from an animal shelter or animal control 6 
agency operated by a local government; providing for 7 
future legislative review and repeal of the exemption; 8 
providing a statement of public necessity ; providing 9 
an effective date. 10 
 11 
Be It Enacted by the Legislature of the State of Florida: 12 
 13 
 Section 1.  Subsection (7) is added to section 823.15, 14 
Florida Statutes, to read: 15 
 823.15  Public or private animal agencies; sterilization 16 
required for dogs and cats released; recordkeeping requirements; 17 
microchipping; public records exemption .— 18 
 (7)  The names and e -mail addresses, as well as the home 19 
addresses and telephone numbers, as those terms are defined in 20 
s. 119.071(4)(d), of persons who foster, adopt , or otherwise 21 
receive legal custody of an animal from an animal shelter or 22 
animal control agency operated by a county, municipality, or 23 
other incorporated political subdivision in any record relating 24 
to the animal and held by the shelter or agency are exe mpt from 25     
 
HB 157  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0157-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 26 
This subsection is subject to the Open Government Sunset Review 27 
Act in accordance with s. 119.15 and shall stand repealed on 28 
October 2, 2028, unless reviewed and saved from repeal throug h 29 
reenactment by the Legislature. 30 
 Section 2.  The Legislature finds that, as reflected in s. 31 
823.15(1), Florida Statutes, it is an important public policy of 32 
the state to encourage the fostering, adoption, and transfer of 33 
animals and to reduce euthanasi a rates for animals in animal 34 
shelters and animal control agencies. Although such shelters and 35 
agencies are motivated to find new homes or placements for 36 
animals in their custody, potential fosterers and adopters and 37 
other persons considering receiving leg al custody of animals may 38 
become discouraged from fostering, adopting, or receiving legal 39 
custody of the animals if the prior owners who lost or 40 
surrendered legal custody of the animals, or who did not reclaim 41 
the animals within the applicable time periods , can obtain such 42 
persons' identifying information and attempt to regain legal 43 
custody of the animals from such persons. The Legislature finds 44 
that the stalking, harassment, and intimidation of animal 45 
fosterers, adopters, and other persons receiving legal custody 46 
of animals by prior animal owners, as well as prior animal 47 
owners' theft of animals from such persons, are threats to 48 
public safety and welfare and to the sanctity of private 49 
property, the family, and the home. The Legislature therefore 50     
 
HB 157  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
finds that it is a public necessity that the names, home 51 
addresses, e-mail addresses, and telephone numbers of persons 52 
who foster, adopt, or otherwise receive legal custody of an 53 
animal from an animal shelter or animal control agency operated 54 
by a county, municipalit y, or other incorporated political 55 
subdivision in any record relating to such animal and held by 56 
such shelter or agency be made exempt from s. 119.07(1), Florida 57 
Statutes, and s. 24(a), Art. I of the State Constitution. The 58 
Legislature further finds that t he need to protect the names, 59 
home addresses, e-mail addresses, and telephone numbers of 60 
animal fosterers, adopters, and other persons receiving legal 61 
custody of animals is sufficiently compelling to override the 62 
state's public policy of open government an d that the protection 63 
of such information cannot be accomplished without this 64 
exemption. 65 
 Section 3.  This act shall take effect July 1, 2023. 66