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

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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

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CS/HB 765

1	A bill to be entitled
2	An act relating to animal protection; providing a short
3	title; amending s. 474.203, F.S.; revising a veterinary
4	licensure exemption pertaining to certain persons
5	practicing temporarily in the state; providing
6	circumstances that render inapplicable a veterinary
7	licensure exemption pertaining to part-time and
8	independent contractors; amending s. 500.451, F.S.;
9	prohibiting specified acts relating to horsemeat for human
10	consumption; providing penalties; increasing the
11	classification of offenses related to horsemeat for human
12	consumption; providing for suspension of licenses of
13	certain businesses for offenses related to horsemeat;
14	providing mandatory minimum penalties; amending s.
15	828.073, F.S.; revising procedures for law enforcement
16	officers and certain animal cruelty prevention agents to
17	file petitions in custody proceedings involving neglected
18	animals; exempting animal owners from payment of the care
19	provided for their animals during such proceedings under
20	certain circumstances; revising the period within which
21	written notice of such proceedings must be served;
22	deleting a provision requiring publication of notices of
23	such proceedings under certain circumstances; revising
24	provisions relating to remand of neglected animals
25	directly to the seizing officer or agent for disposition;
26	amending s. 828.125, F.S.; revising provisions prohibiting
27	certain acts relating to horses to apply to all horses
28	regardless of breed; providing mandatory minimum penalties
29	for violations involving horses or certain cattle;
30	creating s. 828.28, F.S.; requiring local governments to
31	provide notice prior to licensing deadlines; encouraging
32	local governments to develop online licensing systems;
33	providing effective dates.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1. This act may be cited as the "Ivonne Rodriguez
38	and Victoria McCullough Horse Protection Act."
39	Section 2. Section 474.203, Florida Statutes, is amended
40	to read:
41	474.203 Exemptions.-This chapter does shall not apply to:
42	(1) Any faculty member practicing only in conjunction with
43	teaching duties at a school or college of veterinary medicine
44	located in this state and accredited by the American Veterinary
45	Medical Association Council on Education. However, this
46	exemption applies shall only apply to such a faculty member who
47	does not hold a valid license issued under this chapter, but who
48	is a graduate of a school or college of veterinary medicine
49	accredited by the American Veterinary Medical Association
50	Council on Education or a school or college recognized by the
51	American Veterinary Medical Association Commission for Foreign
52	Veterinary Graduates. The faculty member exemption shall
53	automatically expires expire when such school or college
54	terminates the faculty member from such teaching duties. On
55	December 31 of each year, such school or college shall provide
56	the board with a written list of all faculty who are exempt from
57	this chapter. Such school or college shall also notify the board
58	in writing of any additions or deletions to such list.
59	(2) A person practicing as an intern or resident
60	veterinarian who does not hold a valid license issued under this
61	chapter and who is a graduate in training at a school or college
62	of veterinary medicine located in this state and accredited by
63	the American Veterinary Medical Association Council on Education
64	or a school or college recognized by the American Veterinary
65	Medical Association Commission for Foreign Veterinary Graduates.
66	Such intern or resident must be a graduate of a school or
67	college of veterinary medicine accredited by the American
68	Veterinary Medical Association Council on Education. This
69	exemption expires when such intern or resident completes or is
70	terminated from such training. Each school or college at which
71	such intern or resident is in training shall, on July 1 of each
72	year, provide the board with a written list of all such interns
73	or residents designated for this exemption, and the school or
74	college shall also notify the board of any additions or
75	deletions to the list.
76	(3) A student in a school or college of veterinary
77	medicine while in the performance of duties assigned by her or
78	his instructor or when working as a preceptor under the
79	immediate supervision of a licensee, if provided that such
80	preceptorship is required for graduation from an accredited
81	school or college of veterinary medicine. The licensed
82	veterinarian is shall be responsible for all acts performed by a
83	preceptor under her or his supervision.
84	(4) Any doctor of veterinary medicine in the employ of a
85	state agency or the United States Government while actually
86	engaged in the performance of her or his official duties;
87	however, this exemption does shall not apply to such person when
88	the person is not engaged in carrying out her or his official
89	duties or is not working at the installations for which her or
90	his services were engaged.
91	(5)(a) Any person, or the person's regular employee,
92	administering to the ills or injuries of her or his own animals,
93	including, but not limited to, castration, spaying, and
94	dehorning of herd animals, unless title has been transferred or
95	employment provided for the purpose of circumventing this law.
96	This exemption does shall not apply to unlicensed out-of-state
97	veterinarians practicing temporarily in the state. However, only
98	a veterinarian may immunize or treat an animal for diseases that
99	which are communicable to humans and that which are of public
100	health significance.
101	(b) A person hired on a part-time or temporary basis, or
102	as an independent contractor, by an owner to assist with herd
103	management and animal husbandry tasks for herd and flock
104	animals, including castration, dehorning, parasite control, and
105	debeaking, or a person hired on a part-time or temporary basis,
106	or as an independent contractor, by an owner to provide farriery
107	and manual hand floating of teeth on equines. This exemption
108	does not apply to any person who has been convicted of a
109	violation of chapter 828 that relates to animal cruelty or a
110	similar offense in another jurisdiction.
111	(6) State agencies, accredited schools, institutions,
112	foundations, business corporations or associations, physicians
113	licensed to practice medicine and surgery in all its branches,
114	graduate doctors of veterinary medicine, or persons under the
115	direct supervision thereof, which or who conduct experiments and
116	scientific research on animals in the development of
117	pharmaceuticals, biologicals, serums, or methods of treatment,
118	or techniques for the diagnosis or treatment of human ailments,
119	or when engaged in the study and development of methods and
120	techniques directly or indirectly applicable to the problems of
121	the practice of veterinary medicine.
122	(7) Any veterinary aide, nurse, laboratory technician,
123	preceptor, or other employee of a licensed veterinarian who
124	administers medication or who renders auxiliary or supporting
125	assistance under the responsible supervision of a licensed
126	veterinarian, including those tasks identified by rule of the
127	board requiring immediate supervision. However, the licensed
128	veterinarian is shall be responsible for all such acts performed
129	under this subsection by persons under her or his supervision.
130	(8) A veterinarian, licensed by and actively practicing
131	veterinary medicine in another state, who is board certified in
132	a specialty recognized by the board and who responds to a
133	request of a veterinarian licensed in this state to assist with
134	the treatment on a specific case of a specific animal or with
135	the treatment on a specific case of the animals of a single
136	owner, as long as the veterinarian licensed in this state
137	requests the other veterinarian's presence. A veterinarian who
138	practices under this subsection is not eligible to apply for a
139	premises permit under s. 474.215.
140
141	For the purposes of chapters 465 and 893, persons exempt
142	pursuant to subsection (1), subsection (2), or subsection (4)
143	are deemed to be duly licensed practitioners authorized by the
144	laws of this state to prescribe drugs or medicinal supplies.
145	Section 3. Effective October 1, 2010, section 500.451,
146	Florida 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
150	consumption unless the horse meat is clearly stamped, marked,
151	and described as horse meat for human consumption.
152	(b) Knowingly transport, distribute, sell, purchase, or
153	possess horsemeat for human consumption that is not clearly
154	stamped, marked, and described as horsemeat for human
155	consumption or horsemeat that is not acquired from a licensed
156	slaughterhouse.
157	(2) A person that violates this section commits is guilty
158	of a felony misdemeanor of the third second degree, punishable
159	as provided in s. 775.082, or s. 775.083, or s. 775.084, except
160	that any person who commits a violation of this section shall be
161	sentenced to a minimum mandatory fine of $3,500 and a minimum
162	mandatory 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
165	be suspended as provided in the applicable licensing law upon
166	conviction of an owner or employee of that business for a
167	violation of this section in connection with that business.
168	Section 4. Subsections (2) and (3) and paragraph (c) of
169	subsection (4) of section 828.073, Florida Statutes, are amended
170	to read:
171	828.073 Animals found in distress; when agent may take
172	charge; hearing; disposition; sale.-
173	(2) Any law enforcement officer or any agent of any county
174	or of any society or association for the prevention of cruelty
175	to animals appointed under the provisions of s. 828.03 may:
176	(a) Lawfully take custody of any animal found neglected or
177	cruelly treated by removing the animal from its present
178	location, or
179	(b) Order the owner of any animal found neglected or
180	cruelly treated to provide certain care to the animal at the
181	owner's expense without removal of the animal from its present
182	location,
183
184	and shall file a forthwith petition seeking relief under this
185	section in the county court judge of the county in which wherein
186	the animal is found within 10 days after the animal is seized or
187	an order to provide care is issued. The court shall schedule and
188	commence for a hearing on the petition, to be set within 30 days
189	after the petition is filed date of seizure of the animal or
190	issuance of the order to provide care and held not more than 15
191	days after the setting of such date, to determine whether the
192	owner, if known, is able to provide adequately for the animal
193	and is fit to have custody of the animal. The hearing shall be
194	concluded and the court order entered thereon within 60 days
195	after the date the hearing is commenced. The timeframes set
196	forth in this subsection are not jurisdictional. However, if a
197	failure to meet such timeframes is attributable to the officer
198	or agent, the owner is not required to pay the officer or agent
199	for care of the animal during any period of delay caused by the
200	officer or agent. A No fee may not shall be charged for the
201	filing of the petition. This subsection does not Nothing herein
202	is intended to require court action for the taking into custody
203	and making proper disposition of stray or abandoned animals as
204	lawfully performed by animal control agents.
205	(3) The officer or agent of any county or of any society
206	or association for the prevention of cruelty to animals taking
207	charge of any animal pursuant to the provisions of this section
208	shall have written notice served, at least 3 5 days before prior
209	to the hearing scheduled under set forth in subsection (2), upon
210	the owner of the animal, if he or she is known and is residing
211	in the county where the animal was taken, in conformance with
212	the provisions of chapter 48 relating to service of process. The
213	sheriff of the county shall not charge a fee for service of such
214	notice. If the owner of the animal is known but is residing
215	outside of the county wherein the animal was taken, notice of
216	the hearing shall be by publication in conformance with the
217	provisions of chapter 49.
218	(4)
219	(c) Upon the court's judgment that the owner of the animal
220	is 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
223	public auction, and shall provide in its order that the current
224	owner shall have no further custody of the animal, and that any
225	animal not bid upon shall be remanded to the custody of the
226	Society for the Prevention of Cruelty to Animals, the Humane
227	Society, the county, or any agency or person the judge deems
228	appropriate, to be disposed of as the agency or person sees fit;
229	or
230	b.2. The court may Order that the animal be destroyed or
231	remanded directly to the custody of the Society for the
232	Prevention of Cruelty to Animals, the Humane Society, the
233	county, or any agency or person the judge deems appropriate, to
234	be disposed of as the agency or person sees fit, upon the
235	testimony of the agent who took custody of the animal, or upon
236	the testimony of other qualified witnesses, that the animal
237	requires destruction or other disposition for humanitarian
238	reasons or is of no commercial value.
239	2.3. The court, upon proof of costs incurred by the
240	officer or agent or officer, the court may require that the
241	owner pay for the care of the animal while in the custody of the
242	officer or agent or officer. A separate hearing may be held.
243	3.4. The court may order that other animals that are in
244	the custody of the owner and that were not seized by the officer
245	or agent be turned over to the officer or agent, if the court
246	determines that the owner is unable or unfit to adequately
247	provide for the animals. The court may enjoin the owner's
248	further possession or custody of other animals.
249	Section 5. Effective October 1, 2010, section (1) of
250	section 828.125, Florida Statutes, is amended to read:
251	828.125 Killing or aggravated abuse of registered breed
252	horses or cattle; offenses; penalties.-Any other provisions of
253	this chapter to the contrary notwithstanding:
254	(1) Any person who willfully and unlawfully, by any means
255	whatsoever, kills, maims, mutilates, or causes great bodily harm
256	or permanent breeding disability to any animal of the genus
257	Equus (horse) or any animal of any registered breed or
258	recognized registered hybrid of the genus Equus (horse) or genus
259	Bos (cattle) commits, or any recognized registered hybrid of the
260	specified genera, shall be guilty of a felony of the second
261	degree, punishable as provided by s. 775.082, s. 775.083, or s.
262	775.084, except that any person who commits a violation of this
263	subsection shall be sentenced to a minimum mandatory fine of
264	$3,500 and a minimum mandatory period of incarceration of 1
265	year.
266	Section 6. Section 828.28, Florida Statutes, is created to
267	read:
268	828.28 Local animal licensing ordinances; notices.--
269	(1) Any county or municipality that has a licensing
270	requirement for dogs must provide notice to dog owners at least
271	45 days prior to any licensure renewal deadline. The notice must
272	contain information describing the licensing requirements and
273	any associated penalties.
274	(2) Counties and municipalities with licensing
275	requirements are encouraged to develop online licensing systems
276	to provide a convenient and cost-effective licensing process.
277	Section 7. Except as otherwise expressly provided in this
278	act, act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.