HB 263 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0263-00
Page 1 of 3
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. 2
474.2185, F.S.; providing an exemption from public 3
records requirements for records relating to licensed 4
veterinary technicians until specified criteria are 5
met; providing a statement of public necessity; 6
providing a contingent effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Section 474.2185, Florida Statutes, is amended 11
to read: 12
474.2185 Veterinarians consent; handwriting samples; 13
mental or physical examinations. —A veterinarian or veterinary 14
technician who accepts a license to practice veterinary medicine 15
or veterinary technology, as applicable, in this state shall, by 16
so accepting the license or by making and filing a renewal of 17
licensure to practice in this state, be deemed to have given her 18
or his consent, during a lawful investigation of a complaint or 19
of an application for licensure and when the information has 20
been deemed necessary and relevant to the investigation as 21
determined by the secretary of the department, to the following: 22
(1) To render a handwriting sample to an agent of the 23
department and, further, to have waived any objections to its 24
use as evidence against her or him. 25
HB 263 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0263-00
Page 2 of 3
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
(2) To waive the confidentiality and authorize the 26
preparation and release of medical reports pertaining to the 27
mental or physical condition of the licensee when the department 28
has reason to believe that a violation of this cha pter has 29
occurred and when the department issues an order, based on the 30
need for additional information, to produce such medical reports 31
for the time period relevant to the complaint. As used in this 32
section, "medical reports" means a compilation of medica l 33
treatment of the licensee which shall include symptoms, 34
diagnosis, treatment prescribed, relevant history, and progress. 35
(3) To waive any objection to the admissibility of the 36
reports as constituting privileged communications. Such material 37
maintained by the department is confidential and exempt from s. 38
119.07(1) until probable cause is found and an administrative 39
complaint is issued. 40
Section 2. The Legislature finds that it is a public 41
necessity that that medical reports pertaining to the mental or 42
physical condition of a licensed veterinary technician obtained 43
by the department as part of the complaint and investigation 44
process be made confidential and exempt from s. 119.07(1), 45
Florida Statutes, and s. 24(a), Article I of the State 46
Constitution. The Legislature finds that the rights of a 47
licensed veterinary technician afforded under other state or 48
federal laws that deem certain personal information 49
confidential, such as protected health information covered by 50
HB 263 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0263-00
Page 3 of 3
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
the Health Insurance Portability and Acc ountability Act, should 51
be upheld and that the licensed veterinary technician's exempt 52
or confidential information should not be disclosed to the 53
public until probable cause is found and an administrative 54
complaint is issued. The licensed veterinary techni cian's exempt 55
or confidential information, if publicly available, could be 56
used to invade his or her personal privacy. Making such 57
information confidential and exempt from disclosure will protect 58
information of a sensitive personal nature, the release of w hich 59
could cause unwarranted damage to the privacy rights of the 60
licensed veterinary technician. The Legislature therefore finds 61
that it is a public necessity that such information be made 62
confidential and exempt until probable cause is found and an 63
administrative complaint is issued. 64
Section 3. This act shall take effect on the same date 65
that HB 261 or similar legislation takes effect , if such 66
legislation is adopted in the same legislative session or an 67
extension thereof and becomes a law. 68