Florida Senate - 2020 SB 806 By Senator Gainer 2-00855-20 2020806__ 1 A bill to be entitled 2 An act relating to public records; amending s. 585.61, 3 F.S.; exempting from public records requirements 4 certain animal health records submitted to or 5 generated by the Department of Agriculture and 6 Consumer Services or the state veterinarian in 7 connection with the Bronson Animal Disease Diagnostic 8 Laboratory; providing for future legislative review 9 and repeal of the exemption; providing a statement of 10 public necessity; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 585.61, Florida Statutes, is amended to 15 read: 16 585.61 Animal disease diagnostic laboratory; public records 17 exemption.— 18 (1) There is established an animal disease diagnostic 19 laboratory in Osceola County designated as the “Bronson Animal 20 Disease Diagnostic Laboratory.” 21 (2) The construction and operation of the laboratory 22 established by this section areshall beunder the supervision 23 and control of the department. It isshall bethe duty of the 24 department to operate the laboratory in an efficient manner so 25 that any person who maintains animals in this state may obtain 26 prompt and reliable diagnosis of animal diseases, including any 27 disease which may affect poultry eggs, in this state, and 28 recommendations for the control and eradication of such 29 diseases, to the end that diseases of animals may be reduced and 30 controlled, and eradicated when possible. 31 (3) Any person who maintains animals in thisthestate may 32 use the services of the laboratory under the terms of this 33 section and the rules adopted for such use by the department. 34 The department shall require any user of its services to pay a 35 fee not to exceed $300 for any one of the services requested. 36 All laboratory fees collected shall be deposited in the Animal 37 Industry Diagnostic Laboratory Account within the General 38 Inspection Trust Fund. The fees collected shall be used to 39 improve the diagnostic laboratory services as providedforby 40 the Legislature in the General Appropriations Act. 41 (4)(a) The following information is exempt from s. 42 119.07(1) and s. 24(a), Art. I of the State Constitution: 43 1. Records generated or received by the department or the 44 state veterinarian in connection with services provided by the 45 laboratory which document any of the following: 46 a. The diagnosis, treatment, or effect of the medical 47 condition of an animal. 48 b. The prescribing, dispensing, or administering of drugs, 49 medicine, appliances, applications, or treatment of any nature 50 to prevent, cure, or relieve an animal’s wound, fracture, bodily 51 injury, or disease. 52 c. A manual procedure for the diagnosis of, or treatment 53 related to, an animal’s pregnancy, fertility, or infertility. 54 55 The exemption granted by this paragraph does not apply to 56 official certificates of veterinary inspection or any document 57 required by law to transport an animal in this state. 58 2. If such information is contained in documents related to 59 the medical diagnosis or treatment of an animal, the name, home 60 address, work address, telephone number, and e-mail address of a 61 person or business entity that makes the animal or the animal’s 62 medical record available to the department or the state 63 veterinarian by using the services of the laboratory to obtain a 64 medical diagnosis or treatment for the animal. 65 3. If such information is contained in a document related 66 to the medical diagnosis or treatment of an animal by the 67 laboratory, the name of any department employee, contract 68 employee, or volunteer who diagnosed or treated the medical 69 condition of an animal pursuant to this chapter. 70 (b) The exemptions from public records requirements granted 71 under this subsection apply to records and information held 72 before, on, or after July 1, 2020. 73 (c) This subsection is subject to the Open Government 74 Sunset Review Act in accordance with s. 119.15 and shall stand 75 repealed on October 2, 2025, unless reviewed and saved from 76 repeal through reenactment by the Legislature. 77 Section 2. The Legislature finds that it is a public 78 necessity that animal health records submitted to or generated 79 by the Department of Agriculture and Consumer Services or the 80 state veterinarian, in the performance of their official duties 81 under chapter 585, Florida Statutes, be made exempt from s. 82 119.07(1), Florida Statutes, and s. 24(a), Article I of the 83 State Constitution. The department and the state veterinarian 84 are charged with surveilling and eradicating animal disease in 85 the state. To that end, the department relies heavily on animal 86 owners to submit information or to make animals available to the 87 department’s animal disease diagnostic laboratory for disease 88 diagnostics. In the absence of the proposed exemptions, animal 89 owners are reluctant to report animal diseases to the department 90 or to use the services of the animal disease diagnostic 91 laboratory for fear that their personal information or the 92 animal’s medical information may be disclosed pursuant to a 93 public records request. Currently, competitors can manipulate 94 information gleaned from public records requests regarding 95 animal disease diagnostics to create unwarranted consumer 96 uncertainty about Florida producers’ meat or dairy products. To 97 avoid this potential harm, producers find other options for 98 disease diagnostics at private laboratories or laboratories in 99 other states, and the department is not made privy to valuable 100 disease information, which is contrary to the public health and 101 welfare. 102 Section 3. This act shall take effect July 1, 2020.