Florida Senate - 2014                              CS for SB 414
       
       
        
       By the Committee on Education; and Senator Dean
       
       
       
       
       
       581-03198-14                                           2014414c1
    1                        A bill to be entitled                      
    2         An act relating to public records; providing an
    3         exemption from public records requirements for
    4         personal identifying information of certain animal
    5         researchers at public research facilities, including
    6         state universities; providing for retroactive
    7         applicability of the exemption; providing for future
    8         legislative review and repeal of the exemption;
    9         providing a statement of public necessity; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. (1) Personal identifying information of a person
   15  employed by, under contract with, or volunteering for a public
   16  research facility, including a state university, that conducts
   17  animal research or is engaged in activities related to animal
   18  research, is exempt from s. 119.07(1), Florida Statutes, and s.
   19  24(a), Article I of the State Constitution, when such
   20  information is contained in the following records:
   21         (a) Animal records, including animal care and treatment
   22  records.
   23         (b) Research protocols and approvals.
   24         (c) Purchasing, funding, and billing records related to
   25  animal research or activities.
   26         (d) Animal care and use committee records.
   27         (e) Facility and laboratory records related to animal
   28  research or activities.
   29         (2) This exemption applies to personal identifying
   30  information as described in subsection (1) held by a public
   31  research facility, including a state university, before, on, or
   32  after the effective date of this exemption.
   33         (3) This section is subject to the Open Government Sunset
   34  Review Act in accordance with s. 119.15, Florida Statutes, and
   35  shall stand repealed on October 2, 2019, unless reviewed and
   36  saved from repeal through reenactment by the Legislature.
   37         Section 2. The Legislature finds that it is a public
   38  necessity that personal identifying information of a person who
   39  is employed by, under contract with, or volunteering for a
   40  public research facility, including a state university, that
   41  conducts animal research or is engaged in activities related to
   42  animal research, be made exempt from s. 119.07(1), Florida
   43  Statutes, and s. 24(a), Article I of the State Constitution. The
   44  Legislature also finds that it is a public necessity that this
   45  exemption apply to such personal identifying information held by
   46  a public research facility, including a state university,
   47  before, on, or after the effective date of the exemption. The
   48  Legislature finds that the release of such personal identifying
   49  information will place such persons in danger of threats and
   50  harassment as well as physical and emotional harm from those who
   51  advocate against such research. University employees have been
   52  harassed and threatened after animal care records that included
   53  their personal identifying information were disclosed pursuant
   54  to public records requests. Thus, the Legislature finds that the
   55  harm and threat to such persons’ safety which results from the
   56  release of personal identifying information in records about the
   57  animals or about the animal research outweighs any public
   58  benefit that may be derived from the disclosure of the
   59  information. The public research facilities, including state
   60  universities, remain responsible and accountable for the animal
   61  research conducted at their institutions.
   62         Section 3. This act shall take effect July 1, 2014.