ENROLLED
       2015 Legislature                            CS for CS for SB 716
       
       
       
       
       
       
                                                              2015716er
    1  
    2         An act relating to public records; creating s.
    3         474.2167, F.S.; providing an exemption from public
    4         records requirements for certain animal medical
    5         records held by a state college of veterinary medicine
    6         that is accredited by the American Veterinary Medical
    7         Association Council on Education; authorizing
    8         disclosure under certain circumstances; providing
    9         applicability; providing for future legislative review
   10         and repeal of the exemption; providing a statement of
   11         public necessity; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 474.2167, Florida Statutes, is created
   16  to read:
   17         474.2167 Confidentiality of animal medical records.—
   18         (1) The following records held by any state college of
   19  veterinary medicine that is accredited by the American
   20  Veterinary Medical Association Council on Education are
   21  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   22  of the State Constitution:
   23         (a) A medical record generated which relates to diagnosing
   24  the medical condition of an animal; prescribing, dispensing, or
   25  administering drugs, medicine, appliances, applications, or
   26  treatment of whatever nature for the prevention, cure, or relief
   27  of a wound, fracture, bodily injury, or disease of an animal; or
   28  performing a manual procedure for the diagnosis of or treatment
   29  for pregnancy, fertility, or infertility of an animal; and
   30         (b) A medical record described in paragraph (a) which is
   31  transferred by a previous record owner in connection with the
   32  transaction of official business by a state college of
   33  veterinary medicine that is accredited by the American
   34  Veterinary Medical Association Council on Education.
   35         (2) A record made confidential and exempt under subsection
   36  (1) may be disclosed to another governmental entity in the
   37  performance of its duties and responsibilities and may be
   38  disclosed pursuant to s. 474.2165.
   39         (3) The exemption from public records requirements under
   40  subsection (1) applies to animal medical records held before,
   41  on, or after the effective date of this exemption.
   42         (4) This section is subject to the Open Government Sunset
   43  Review Act in accordance with s. 119.15 and shall stand repealed
   44  on October 2, 2020, unless reviewed and saved from repeal
   45  through reenactment by the Legislature.
   46         Section 2. The Legislature finds that it is a public
   47  necessity that a medical record that relates to diagnosing the
   48  medical condition of an animal; prescribing, dispensing, or
   49  administering drugs, medicine, appliances, applications, or
   50  treatment of whatever nature for the prevention, cure, or relief
   51  of a wound, fracture, bodily injury, or disease of an animal; or
   52  performing a manual procedure for the diagnosis of or treatment
   53  for pregnancy or fertility or infertility of an animal, which is
   54  held by a state college of veterinary medicine that is
   55  accredited by the American Veterinary Medical Association
   56  Council on Education, be made confidential and exempt from s.
   57  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   58  State Constitution. The Legislature also finds that it is a
   59  public necessity that any such medical record that is
   60  transferred by a previous records owner in connection with the
   61  transaction of official business by a state college of
   62  veterinary medicine that is accredited by the American
   63  Veterinary Medical Association Council on Education and that is
   64  held by such state college be made confidential and exempt from
   65  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   66  State Constitution. The Legislature also finds that it is a
   67  public necessity that this exemption apply to such animal
   68  medical records held by such a state college of veterinary
   69  medicine before, on, or after the effective date of the
   70  exemption. The Legislature finds that the release of such animal
   71  medical records compromises the confidentiality protections
   72  otherwise afforded the owners of such animals treated by
   73  licensed veterinarians in this state pursuant to this chapter.
   74  The Legislature finds that the owners of animals have the right
   75  to the privacy of the medical records of their animals. The
   76  Legislature finds that this exemption permits a state college of
   77  veterinary medicine accredited by the American Veterinary
   78  Medical Association Council on Education to effectively and
   79  efficiently carry out its mission to educate students in
   80  veterinary medicine. Without this exemption, this mission would
   81  be significantly impaired. The Legislature finds that the
   82  privacy concerns that result from the release of animal medical
   83  records outweigh any public benefit that may be derived from the
   84  disclosure of the information.
   85         Section 3. This act shall take effect July 1, 2015.