Florida 2023 Regular Session

Florida House Bill H0157 Compare Versions

Only one version of the bill is available at this time.
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records; amending s. 823.15, 2
1616 F.S.; providing an exemption from public records 3
1717 requirements for records containing certain 4
1818 information pertaining to persons with legal custody 5
1919 of an animal from an animal shelter or animal control 6
2020 agency operated by a local government; providing for 7
2121 future legislative review and repeal of the exemption; 8
2222 providing a statement of public necessity ; providing 9
2323 an effective date. 10
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2525 Be It Enacted by the Legislature of the State of Florida: 12
2626 13
2727 Section 1. Subsection (7) is added to section 823.15, 14
2828 Florida Statutes, to read: 15
2929 823.15 Public or private animal agencies; sterilization 16
3030 required for dogs and cats released; recordkeeping requirements; 17
3131 microchipping; public records exemption .— 18
3232 (7) The names and e -mail addresses, as well as the home 19
3333 addresses and telephone numbers, as those terms are defined in 20
3434 s. 119.071(4)(d), of persons who foster, adopt , or otherwise 21
3535 receive legal custody of an animal from an animal shelter or 22
3636 animal control agency operated by a county, municipality, or 23
3737 other incorporated political subdivision in any record relating 24
3838 to the animal and held by the shelter or agency are exe mpt from 25
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4747 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
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5151 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 26
5252 This subsection is subject to the Open Government Sunset Review 27
5353 Act in accordance with s. 119.15 and shall stand repealed on 28
5454 October 2, 2028, unless reviewed and saved from repeal throug h 29
5555 reenactment by the Legislature. 30
5656 Section 2. The Legislature finds that, as reflected in s. 31
5757 823.15(1), Florida Statutes, it is an important public policy of 32
5858 the state to encourage the fostering, adoption, and transfer of 33
5959 animals and to reduce euthanasi a rates for animals in animal 34
6060 shelters and animal control agencies. Although such shelters and 35
6161 agencies are motivated to find new homes or placements for 36
6262 animals in their custody, potential fosterers and adopters and 37
6363 other persons considering receiving leg al custody of animals may 38
6464 become discouraged from fostering, adopting, or receiving legal 39
6565 custody of the animals if the prior owners who lost or 40
6666 surrendered legal custody of the animals, or who did not reclaim 41
6767 the animals within the applicable time periods , can obtain such 42
6868 persons' identifying information and attempt to regain legal 43
6969 custody of the animals from such persons. The Legislature finds 44
7070 that the stalking, harassment, and intimidation of animal 45
7171 fosterers, adopters, and other persons receiving legal custody 46
7272 of animals by prior animal owners, as well as prior animal 47
7373 owners' theft of animals from such persons, are threats to 48
7474 public safety and welfare and to the sanctity of private 49
7575 property, the family, and the home. The Legislature therefore 50
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8484 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
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8888 finds that it is a public necessity that the names, home 51
8989 addresses, e-mail addresses, and telephone numbers of persons 52
9090 who foster, adopt, or otherwise receive legal custody of an 53
9191 animal from an animal shelter or animal control agency operated 54
9292 by a county, municipalit y, or other incorporated political 55
9393 subdivision in any record relating to such animal and held by 56
9494 such shelter or agency be made exempt from s. 119.07(1), Florida 57
9595 Statutes, and s. 24(a), Art. I of the State Constitution. The 58
9696 Legislature further finds that t he need to protect the names, 59
9797 home addresses, e-mail addresses, and telephone numbers of 60
9898 animal fosterers, adopters, and other persons receiving legal 61
9999 custody of animals is sufficiently compelling to override the 62
100100 state's public policy of open government an d that the protection 63
101101 of such information cannot be accomplished without this 64
102102 exemption. 65
103103 Section 3. This act shall take effect July 1, 2023. 66