Bill Text: FL H0765 | 2010 | Regular Session | Engrossed

Bill Title: Animal Protection [SPSC]

Spectrum: Slight Partisan Bill (Democrat 8-5)

Status: (Passed) 2010-05-14 - Approved by Governor; Chapter No. 2010-87 [H0765 Detail]

Download: Florida-2010-H0765-Engrossed.html
CS/HB 765
A bill to be entitled
2An act relating to animal protection; providing a short
3title; amending s. 474.203, F.S.; revising a veterinary
4licensure exemption pertaining to certain persons
5practicing temporarily in the state; providing
6circumstances that render inapplicable a veterinary
7licensure exemption pertaining to part-time and
8independent contractors; amending s. 500.451, F.S.;
9prohibiting specified acts relating to horsemeat for human
10consumption; providing penalties; increasing the
11classification of offenses related to horsemeat for human
12consumption; providing for suspension of licenses of
13certain businesses for offenses related to horsemeat;
14providing mandatory minimum penalties; amending s.
15828.073, F.S.; revising procedures for law enforcement
16officers and certain animal cruelty prevention agents to
17file petitions in custody proceedings involving neglected
18animals; exempting animal owners from payment of the care
19provided for their animals during such proceedings under
20certain circumstances; revising the period within which
21written notice of such proceedings must be served;
22deleting a provision requiring publication of notices of
23such proceedings under certain circumstances; revising
24provisions relating to remand of neglected animals
25directly to the seizing officer or agent for disposition;
26amending s. 828.125, F.S.; revising provisions prohibiting
27certain acts relating to horses to apply to all horses
28regardless of breed; providing mandatory minimum penalties
29for violations involving horses or certain cattle;
30creating s. 828.28, F.S.; requiring local governments to
31provide notice prior to licensing deadlines; encouraging
32local governments to develop online licensing systems;
33providing effective dates.
35Be It Enacted by the Legislature of the State of Florida:
37 Section 1. This act may be cited as the "Ivonne Rodriguez
38and Victoria McCullough Horse Protection Act."
39 Section 2. Section 474.203, Florida Statutes, is amended
40to read:
41 474.203 Exemptions.-This chapter does shall not apply to:
42 (1) Any faculty member practicing only in conjunction with
43teaching duties at a school or college of veterinary medicine
44located in this state and accredited by the American Veterinary
45Medical Association Council on Education. However, this
46exemption applies shall only apply to such a faculty member who
47does not hold a valid license issued under this chapter, but who
48is a graduate of a school or college of veterinary medicine
49accredited by the American Veterinary Medical Association
50Council on Education or a school or college recognized by the
51American Veterinary Medical Association Commission for Foreign
52Veterinary Graduates. The faculty member exemption shall
53automatically expires expire when such school or college
54terminates the faculty member from such teaching duties. On
55December 31 of each year, such school or college shall provide
56the board with a written list of all faculty who are exempt from
57this chapter. Such school or college shall also notify the board
58in writing of any additions or deletions to such list.
59 (2) A person practicing as an intern or resident
60veterinarian who does not hold a valid license issued under this
61chapter and who is a graduate in training at a school or college
62of veterinary medicine located in this state and accredited by
63the American Veterinary Medical Association Council on Education
64or a school or college recognized by the American Veterinary
65Medical Association Commission for Foreign Veterinary Graduates.
66Such intern or resident must be a graduate of a school or
67college of veterinary medicine accredited by the American
68Veterinary Medical Association Council on Education. This
69exemption expires when such intern or resident completes or is
70terminated from such training. Each school or college at which
71such intern or resident is in training shall, on July 1 of each
72year, provide the board with a written list of all such interns
73or residents designated for this exemption, and the school or
74college shall also notify the board of any additions or
75deletions to the list.
76 (3) A student in a school or college of veterinary
77medicine while in the performance of duties assigned by her or
78his instructor or when working as a preceptor under the
79immediate supervision of a licensee, if provided that such
80preceptorship is required for graduation from an accredited
81school or college of veterinary medicine. The licensed
82veterinarian is shall be responsible for all acts performed by a
83preceptor under her or his supervision.
84 (4) Any doctor of veterinary medicine in the employ of a
85state agency or the United States Government while actually
86engaged in the performance of her or his official duties;
87however, this exemption does shall not apply to such person when
88the person is not engaged in carrying out her or his official
89duties or is not working at the installations for which her or
90his services were engaged.
91 (5)(a) Any person, or the person's regular employee,
92administering to the ills or injuries of her or his own animals,
93including, but not limited to, castration, spaying, and
94dehorning of herd animals, unless title has been transferred or
95employment provided for the purpose of circumventing this law.
96This exemption does shall not apply to unlicensed out-of-state
97veterinarians practicing temporarily in the state. However, only
98a veterinarian may immunize or treat an animal for diseases that
99which are communicable to humans and that which are of public
100health significance.
101 (b) A person hired on a part-time or temporary basis, or
102as an independent contractor, by an owner to assist with herd
103management and animal husbandry tasks for herd and flock
104animals, including castration, dehorning, parasite control, and
105debeaking, or a person hired on a part-time or temporary basis,
106or as an independent contractor, by an owner to provide farriery
107and manual hand floating of teeth on equines. This exemption
108does not apply to any person who has been convicted of a
109violation of chapter 828 that relates to animal cruelty or a
110similar offense in another jurisdiction.
111 (6) State agencies, accredited schools, institutions,
112foundations, business corporations or associations, physicians
113licensed to practice medicine and surgery in all its branches,
114graduate doctors of veterinary medicine, or persons under the
115direct supervision thereof, which or who conduct experiments and
116scientific research on animals in the development of
117pharmaceuticals, biologicals, serums, or methods of treatment,
118or techniques for the diagnosis or treatment of human ailments,
119or when engaged in the study and development of methods and
120techniques directly or indirectly applicable to the problems of
121the practice of veterinary medicine.
122 (7) Any veterinary aide, nurse, laboratory technician,
123preceptor, or other employee of a licensed veterinarian who
124administers medication or who renders auxiliary or supporting
125assistance under the responsible supervision of a licensed
126veterinarian, including those tasks identified by rule of the
127board requiring immediate supervision. However, the licensed
128veterinarian is shall be responsible for all such acts performed
129under this subsection by persons under her or his supervision.
130 (8) A veterinarian, licensed by and actively practicing
131veterinary medicine in another state, who is board certified in
132a specialty recognized by the board and who responds to a
133request of a veterinarian licensed in this state to assist with
134the treatment on a specific case of a specific animal or with
135the treatment on a specific case of the animals of a single
136owner, as long as the veterinarian licensed in this state
137requests the other veterinarian's presence. A veterinarian who
138practices under this subsection is not eligible to apply for a
139premises permit under s. 474.215.
141For the purposes of chapters 465 and 893, persons exempt
142pursuant to subsection (1), subsection (2), or subsection (4)
143are deemed to be duly licensed practitioners authorized by the
144laws of this state to prescribe drugs or medicinal supplies.
145 Section 3. Effective October 1, 2010, section 500.451,
146Florida Statutes, is amended to read:
147 500.451 Horse meat; offenses sale for human consumption.-
148 (1) It is unlawful for any person to:
149 (a) Sell in the markets of this state horse meat for human
150consumption unless the horse meat is clearly stamped, marked,
151and described as horse meat for human consumption.
152 (b) Knowingly transport, distribute, sell, purchase, or
153possess horsemeat for human consumption that is not clearly
154stamped, marked, and described as horsemeat for human
155consumption or horsemeat that is not acquired from a licensed
157 (2) A person that violates this section commits is guilty
158of a felony misdemeanor of the third second degree, punishable
159as provided in s. 775.082, or s. 775.083, or s. 775.084, except
160that any person who commits a violation of this section shall be
161sentenced to a minimum mandatory fine of $3,500 and a minimum
162mandatory period of incarceration of 1 year.
163 (3) In addition to any penalties provided in subsection
164(2), any license of any restaurant, store, or other business may
165be suspended as provided in the applicable licensing law upon
166conviction of an owner or employee of that business for a
167violation of this section in connection with that business.
168 Section 4. Subsections (2) and (3) and paragraph (c) of
169subsection (4) of section 828.073, Florida Statutes, are amended
170to read:
171 828.073 Animals found in distress; when agent may take
172charge; hearing; disposition; sale.-
173 (2) Any law enforcement officer or any agent of any county
174or of any society or association for the prevention of cruelty
175to animals appointed under the provisions of s. 828.03 may:
176 (a) Lawfully take custody of any animal found neglected or
177cruelly treated by removing the animal from its present
178location, or
179 (b) Order the owner of any animal found neglected or
180cruelly treated to provide certain care to the animal at the
181owner's expense without removal of the animal from its present
184and shall file a forthwith petition seeking relief under this
185section in the county court judge of the county in which wherein
186the animal is found within 10 days after the animal is seized or
187an order to provide care is issued. The court shall schedule and
188commence for a hearing on the petition, to be set within 30 days
189after the petition is filed date of seizure of the animal or
190issuance of the order to provide care and held not more than 15
191days after the setting of such date, to determine whether the
192owner, if known, is able to provide adequately for the animal
193and is fit to have custody of the animal. The hearing shall be
194concluded and the court order entered thereon within 60 days
195after the date the hearing is commenced. The timeframes set
196forth in this subsection are not jurisdictional. However, if a
197failure to meet such timeframes is attributable to the officer
198or agent, the owner is not required to pay the officer or agent
199for care of the animal during any period of delay caused by the
200officer or agent. A No fee may not shall be charged for the
201filing of the petition. This subsection does not Nothing herein
202is intended to require court action for the taking into custody
203and making proper disposition of stray or abandoned animals as
204lawfully performed by animal control agents.
205 (3) The officer or agent of any county or of any society
206or association for the prevention of cruelty to animals taking
207charge of any animal pursuant to the provisions of this section
208shall have written notice served, at least 3 5 days before prior
209to the hearing scheduled under set forth in subsection (2), upon
210the owner of the animal, if he or she is known and is residing
211in the county where the animal was taken, in conformance with
212the provisions of chapter 48 relating to service of process. The
213sheriff of the county shall not charge a fee for service of such
214notice. If the owner of the animal is known but is residing
215outside of the county wherein the animal was taken, notice of
216the hearing shall be by publication in conformance with the
217provisions of chapter 49.
218 (4)
219 (c) Upon the court's judgment that the owner of the animal
220is unable or unfit to adequately provide for the animal:
221 1. The court may: shall
222 a. Order that the animal to be sold by the sheriff at
223public auction, and shall provide in its order that the current
224owner shall have no further custody of the animal, and that any
225animal not bid upon shall be remanded to the custody of the
226Society for the Prevention of Cruelty to Animals, the Humane
227Society, the county, or any agency or person the judge deems
228appropriate, to be disposed of as the agency or person sees fit;
230 b.2. The court may Order that the animal be destroyed or
231remanded directly to the custody of the Society for the
232Prevention of Cruelty to Animals, the Humane Society, the
233county, or any agency or person the judge deems appropriate, to
234be disposed of as the agency or person sees fit, upon the
235testimony of the agent who took custody of the animal, or upon
236the testimony of other qualified witnesses, that the animal
237requires destruction or other disposition for humanitarian
238reasons or is of no commercial value.
239 2.3. The court, upon proof of costs incurred by the
240officer or agent or officer, the court may require that the
241owner pay for the care of the animal while in the custody of the
242officer or agent or officer. A separate hearing may be held.
243 3.4. The court may order that other animals that are in
244the custody of the owner and that were not seized by the officer
245or agent be turned over to the officer or agent, if the court
246determines that the owner is unable or unfit to adequately
247provide for the animals. The court may enjoin the owner's
248further possession or custody of other animals.
249 Section 5. Effective October 1, 2010, section (1) of
250section 828.125, Florida Statutes, is amended to read:
251 828.125 Killing or aggravated abuse of registered breed
252horses or cattle; offenses; penalties.-Any other provisions of
253this chapter to the contrary notwithstanding:
254 (1) Any person who willfully and unlawfully, by any means
255whatsoever, kills, maims, mutilates, or causes great bodily harm
256or permanent breeding disability to any animal of the genus
257Equus (horse) or any animal of any registered breed or
258recognized registered hybrid of the genus Equus (horse) or genus
259Bos (cattle) commits, or any recognized registered hybrid of the
260specified genera, shall be guilty of a felony of the second
261degree, punishable as provided by s. 775.082, s. 775.083, or s.
262775.084, except that any person who commits a violation of this
263subsection shall be sentenced to a minimum mandatory fine of
264$3,500 and a minimum mandatory period of incarceration of 1
266 Section 6. Section 828.28, Florida Statutes, is created to
268 828.28 Local animal licensing ordinances; notices.--
269 (1) Any county or municipality that has a licensing
270requirement for dogs must provide notice to dog owners at least
27145 days prior to any licensure renewal deadline. The notice must
272contain information describing the licensing requirements and
273any associated penalties.
274 (2) Counties and municipalities with licensing
275requirements are encouraged to develop online licensing systems
276to provide a convenient and cost-effective licensing process.
277 Section 7. Except as otherwise expressly provided in this
278act, act shall take effect July 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.