HOUSE AMENDMENT

                                        Bill No. HB 1139, 1st Eng.

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Sindler offered the following:

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13         Amendment 

14         On page 2, lines 21 through 29,

15  remove from the bill:  all said lines

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17  and insert in lieu thereof:

18         Section 2.  The Legislature finds that there is a

19  public necessity to compile information contained in rabies

20  vaccination certificates and to readily provide such

21  information when necessary to promote public health, safety,

22  and welfare.  However, the Legislature also finds that such

23  information is both confidential to the pet owner and

24  proprietary for the veterinarian and should be distributed

25  only when the public health, safety, and welfare demand.

26  Rabies certificates include personal information about

27  individual pet owners which, when compiled, can be used to

28  produce the client list of each veterinarian who has complied

29  with the provisions of s. 828.30, Florida Statutes, which

30  requires the filing of a copy of rabies vaccination

31  certificates with the local animal control authority.  Such

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    File original & 9 copies    03/06/98
    hgo0002                     11:45 am         01139-0038-954421




                                                   HOUSE AMENDMENT

                                        Bill No. HB 1139, 1st Eng.

    Amendment No. 01 (for drafter's use only)





 1  lists are trade secrets as defined by s. 812.081, Florida

 2  Statutes.  The Legislature finds that it is a public necessity

 3  that trade secret information be expressly made confidential

 4  and exempt from public records law because it is a felony to

 5  disclose such records.  Thus, the public and private harm in

 6  disclosing trade secrets significantly outweighs any public

 7  benefit derived from disclosure, and the public's ability to

 8  scrutinize and monitor agency action is not diminished by

 9  nondisclosure of trade secrets.  Release of such information

10  for reasons outside the scope of public health, safety, and

11  welfare unnecessarily jeopardizes the right to privacy of pet

12  owners who have their pets vaccinated and, further, negatively

13  impacts veterinarians submitting rabies vaccination

14  certificates by making the identities of their clients readily

15  available to competing business interests. Furthermore,

16  veterinarians are subject to medical confidentiality

17  provisions.  Release of identifying information in the rabies

18  vaccination certificate for reasons other than the protection

19  of public health, safety, and welfare could represent a breach

20  of client confidentiality.  In addition, release of the

21  information contained in a rabies vaccination certificate

22  could subject pet owners to possible theft or harassment by

23  individuals who target particular breeds, as well as to

24  solicitations, including solicitations from competing

25  veterinary business interests.  Owners could become reluctant

26  to have their pets vaccinated against rabies.  Any decrease in

27  the number of dogs and cats vaccinated against rabies would

28  hinder the ability of animal control authorities to protect

29  the public against the spread of rabies and endanger the

30  public health, safety, and welfare.

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    File original & 9 copies    03/06/98
    hgo0002                     11:45 am         01139-0038-954421