This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0273.LFS
DATE: 1/23/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 273 Pub. Rec./Animal Foster or Adoption
SPONSOR(S): Holcomb
TIED BILLS: IDEN./SIM. BILLS: SB 660
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
Burgess Darden
2) Ethics, Elections & Open Government
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
The records of public animal shelter or animal control agency, like the records of other public agencies in the
state, are open to public to inspect or copy unless those records have been made exempt from disclosure.
The bill provides an exemption from public records requirements for personal identifying information of those
who adopt or foster from an animal shelter or animal control agency operated by a local government.
The bill provides that the public record exemption is subject to the Open Government Sunset Review Act and
will be repealed on October 2, 2029, unless reviewed and saved from repeal through reenactment by the
Legislature.
The bill does not appear to impact state government and may have an insignificant negative fiscal impact on
local governments.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record exemption. The bill creates a
public record exemption; thus, it requires a two-thirds vote for final passage. STORAGE NAME: h0273.LFS PAGE: 2
DATE: 1/23/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Public Records
The Florida Constitution sets forth the state’s public policy regarding access to government records,
guaranteeing every person a right to inspect or copy any public record of the legislative, executive, and
judicial branches of government.
1
The Legislature, however, may provide by general law an exemption
2
from public record requirements provided that the exemption passes by a two-thirds vote of each
chamber, states with specificity the public necessity justifying the exemption, and is no broader than
necessary to meet its public purpose.
3
Current law also addresses the public policy regarding access to government records, guaranteeing
every person a right to inspect and copy any state, county, or municipal record, unless the record is
exempt.
4
Furthermore, the Open Government Sunset Review Act
5
provides that a public record
exemption may be created, revised, or maintained only if it serves an identifiable public purpose and
the “Legislature finds that the purpose is sufficiently compelling to override the strong public policy of
open government and cannot be accomplished without the exemption.”
6
An identifiable public purpose
is served if the exemption meets one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protect trade or business secrets.
7
Pursuant to the Open Government Sunset Review Act, a new public record exemption or substantial
amendment of an existing public record exemption is repealed on October 2
nd
of the fifth year following
enactment, unless the Legislature reenacts the exemption.
8
Public or Private Animal Agencies Public Records
The records of a public animal shelter, humane organization, or animal control agency operated by a
humane society must be made available to the public in the same manner as other public records.
9
These records may include information such as the identifying information of a person who adopts or
fosters pets from the facility.
Both public and private animal shelters must maintain certain data for three years and make it available
on a monthly basis.
10
This data includes the total number of dogs and cats taken in by the animal
shelter, humane organization, or animal control agency, divided into species, in the following
categories:
1
Art. I, s. 24(a), FLA. CONST.
2
A public record exemption means a provision of general law which provides that a specified record, or portion thereof, is not subject to
the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the Florida Constitution. See s. 119.011(8), F.S.
3
Art. I, s. 24(c), FLA. CONST.
4
See s. 119.01, F.S.
5
S. 119.15, F.S.
6
S. 119.15(6)(b), F.S.
7
Id.
8
S. 119.15(3), F.S.
9
S. 823.15(2)(b), F.S.
10
S. 823.15(2)(a), F.S. STORAGE NAME: h0273.LFS PAGE: 3
DATE: 1/23/2024
Surrendered by owner;
Stray;
Impounded;
Confiscated;
Transferred from within Florida;
Transferred into or imported from out of the state; and
Born in shelter.
Public and private animal shelters, humane organizations, and animal control agencies must also
record the disposition of all animals taken in, divided into species, including dispositions by:
Adoption;
Reclamation by owner;
Death in kennel;
Euthanasia at the owner's request;
Transfer to another public or private animal shelter, humane organization, or animal control
agency operated by a humane society or by a county, municipality, or other incorporated
political subdivision;
Euthanasia;
Released in field/Trapped, Neutered, Released (TNR);
Lost in care/missing animals or records; and
Ending inventory/shelter count at end of the last day of the month.
11
If a public or private animal shelter, humane organization, or animal control agency operated by a
humane society, or by a county, municipality, or other incorporated political subdivision routinely
euthanizes dogs based on size or breed alone, the entity must provide a written statement of such
policy.
12
Dogs euthanized due to breed, temperament, or size must be recorded and included in the
calculation of the total euthanasia percentage.
Effect of Proposed Changes
The bill creates a public record exemption for the personal identifying information of a person who
fosters, adopts, or otherwise receives legal custody of an animal from an animal shelter or animal
control agency operated by a county, municipality, or other incorporated political subdivision held by the
shelter or agency.
The public records exemption created by the bill are subject to the Open Government Sunset Review
Act and will automatically repeal on October 2, 2029, unless reviewed and saved from repeal by the
Legislature.
The bill provides the constitutionally required public necessity statement,
13
which is to shield those
seeking to adopt and foster animals from the potential stalking, harassment, and intimidation from the
animals’ previous owners. The bill also provides that the need to protect the personal information of
those seeking to adopt and foster animals overrides the state’s public policy of open government.
B. SECTION DIRECTORY:
Section 1: Amends s. 823.15, F.S., provides an exemption from public records requirements.
Section 2: Provides a public necessity statement.
Section 3: Provides an effective date of July 1, 2024.
11
S. 823.15(2)(a)2., F.S.
12
S. 823.15(2)(a)3., F.S.
13
Art. I. s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity justifying the
exemption.” STORAGE NAME: h0273.LFS PAGE: 4
DATE: 1/23/2024
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may an insignificant negative fiscal impact on local governments that are custodians of
animal shelter and animal control records, as staff responsible for complying with public record
requests may require training related to the newly-created public record exemptions. However, any
additional costs will likely be absorbed within existing resources.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a public record exemption; thus, it requires a two-thirds vote for final passage.
Public Necessity Statement
Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption; thus, it includes a public necessity statement. The public necessity statement of public
necessity which is to shield those seeking to adopt and foster animals from the potential stalking,
harassment and intimidation from the animals’ previous owners. STORAGE NAME: h0273.LFS PAGE: 5
DATE: 1/23/2024
Breadth of Exemption
Article I, s. 24(c) of the Florida Constitution requires a newly created or expanded public record or
public meeting exemption to be no broader than necessary to accomplish the stated purpose of the
law. The exemption in the bill does not appear to be broader than necessary to accomplish the
purpose of the law.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.