Bill Text: FL S0774 | 2019 | Regular Session | Introduced
Bill Title: Animal Welfare
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Innovation, Industry, and Technology, companion bill(s) passed, see CS/HB 7125 (Ch. 2019-167) [S0774 Detail]
Download: Florida-2019-S0774-Introduced.html
Florida Senate - 2019 SB 774 By Senator Gruters 23-00559C-19 2019774__ 1 A bill to be entitled 2 An act relating to animal welfare; amending s. 3 474.2165, F.S.; authorizing a veterinarian to report 4 criminal violations to certain officers and agents 5 without notice to or authorization from a client; 6 creating s. 725.09, F.S.; providing that certain 7 contracts entered into on or after a specified date 8 for the sale or lease of dogs and cats are void and 9 unenforceable; providing remedies for noncompliance; 10 providing an exception for contracts for the repayment 11 of unsecured loans; amending s. 741.30, F.S.; 12 authorizing a court to take certain actions regarding 13 the care, custody, possession, or control of an animal 14 in domestic violence actions; amending s. 828.058, 15 F.S.; requiring an employee or agent of a public or 16 private agency, animal shelter, or other animal 17 collection facility to complete specified continuing 18 education to retain certification to perform 19 euthanasia beginning on a specified date; requiring 20 the curriculum to be approved by the Board of 21 Veterinary Medicine; deleting obsolete language; 22 amending s. 828.29, F.S.; requiring county-operated or 23 city-operated animal control agencies and registered 24 nonprofit humane organizations to meet certain 25 Department of Agriculture and Consumer Services’ 26 animal import requirements; providing an effective 27 date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Subsection (4) of section 474.2165, Florida 32 Statutes, is amended to read: 33 474.2165 Ownership and control of veterinary medical 34 patient records; report or copies of records to be furnished.— 35 (4)(a) Except as otherwise provided in this section, a 36 veterinarian may not furnish written patient medicalsuch37 recordsmay not be furnishedto, and may not discuss the medical 38 condition of a patientmay not be discussedwith, any person 39 other than the client or the client’s legal representative or 40 other veterinarians involved in the care or treatment of the 41 patient, unless the veterinarian has receivedexcept upon42 written authorization fromofthe client. However, such records 43 may be furnished without written authorization under the 44 following circumstances: 45 1.(a)To any person, firm, or corporation that has procured 46 or furnished such examination or treatment with the client’s 47 consent. 48 2.(b)In any civil or criminal action, unless otherwise 49 prohibited by law, upon the issuance of a subpoena from a court 50 of competent jurisdiction and proper notice to the client or the 51 client’s legal representative by the party seeking such records. 52 3.(c)For statistical and scientific research, provided the 53 information is abstracted in such a way as to protect the 54 identity of the patient and the client, or provided written 55 permission is received from the client or the client’s legal 56 representative. 57 (b) If a criminal violation is suspected, a veterinarian 58 may, without notice to or authorization from the client, report 59 the violation to a law enforcement officer, an animal control 60 officer who is certified pursuant to s. 828.27(4)(a), or an 61 agent appointed under s. 828.03. The report may not include 62 written medical records except upon the issuance of an order 63 from a court of competent jurisdiction. 64 Section 2. Section 725.09, Florida Statutes, is created to 65 read: 66 725.09 Sale of dogs and cats; lease contracts and dogs and 67 cats as collateral.— 68 (1) A contract entered into on or after July 1, 2019, to do 69 any of the following is void and unenforceable: 70 (a) Transfer ownership of a dog or cat, if ownership is 71 contingent upon the making of payments over a period of time 72 subsequent to the transfer of possession of the dog or cat. 73 (b) Transfer ownership of a dog or cat at the end of a 74 lease term. 75 (c) Repay a loan for the purchase of a dog or cat, if a 76 security interest is granted in the dog or cat purchased. 77 (2) In addition to any other remedies provided by law, the 78 consumer taking possession of a dog or cat transferred under a 79 contract described in subsection (1) is the owner of the dog or 80 cat and is entitled to the return of all amounts the consumer 81 paid under the contract. 82 (3) This section does not apply to contracts for payments 83 to repay an unsecured loan for the purchase of a dog or cat. 84 Section 3. Paragraphs (a) and (c) of subsection (6) of 85 section 741.30, Florida Statutes, are amended to read: 86 741.30 Domestic violence; injunction; powers and duties of 87 court and clerk; petition; notice and hearing; temporary 88 injunction; issuance of injunction; statewide verification 89 system; enforcement; public records exemption.— 90 (6)(a) Upon notice and hearing, when it appears to the 91 court that the petitioner is either the victim of domestic 92 violence as defined by s. 741.28 or has reasonable cause to 93 believe he or she is in imminent danger of becoming a victim of 94 domestic violence, the court may grant such relief as the court 95 deems proper, including an injunction: 96 1. Restraining the respondent from committing any acts of 97 domestic violence. 98 2. Awarding to the petitioner the exclusive use and 99 possession of the dwelling that the parties share or excluding 100 the respondent from the residence of the petitioner. 101 3. On the same basis as provided in chapter 61, providing 102 the petitioner with 100 percent of the time-sharing in a 103 temporary parenting plan that remains in effect until the order 104 expires or an order is entered by a court of competent 105 jurisdiction in a pending or subsequent civil action or 106 proceeding affecting the placement of, access to, parental time 107 with, adoption of, or parental rights and responsibilities for 108 the minor child. 109 4. On the same basis as provided in chapter 61, 110 establishing temporary support for a minor child or children or 111 the petitioner. An order of temporary support remains in effect 112 until the order expires or an order is entered by a court of 113 competent jurisdiction in a pending or subsequent civil action 114 or proceeding affecting child support. 115 5. Ordering the respondent to participate in treatment, 116 intervention, or counseling services to be paid for by the 117 respondent. When the court orders the respondent to participate 118 in a batterers’ intervention program, the court, or any entity 119 designated by the court, must provide the respondent with a list 120 of batterers’ intervention programs from which the respondent 121 must choose a program in which to participate. 122 6. Referring a petitioner to a certified domestic violence 123 center. The court must provide the petitioner with a list of 124 certified domestic violence centers in the circuit which the 125 petitioner may contact. 126 7. Granting the petitioner exclusive care, custody, 127 possession, or control of an animal owned, possessed, harbored, 128 kept, or held by the petitioner, the respondent, or a minor 129 child residing in the residence or household of the petitioner 130 or the respondent; ordering the respondent to have no contact 131 with the animal; and enjoining the respondent from interfering 132 with the custody, transferring, encumbering, concealing, 133 harming, or otherwise disposing of the animal. 134 8.7.Ordering such other relief as the court deems 135 necessary for the protection of a victim of domestic violence, 136 including injunctions or directives to law enforcement agencies, 137 as provided in this section. 138 (c) The terms of an injunction restraining the respondent 139 under subparagraph (a)1. or ordering other relief for the 140 protection of the victim under subparagraph (a)8.subparagraph141(a)7.shall remain in effect until modified or dissolved. Either 142 party may move at any time to modify or dissolve the injunction. 143 No specific allegations are required. Such relief may be granted 144 in addition to other civil or criminal remedies. 145 Section 4. Subsection (4) of section 828.058, Florida 146 Statutes, is amended to read: 147 828.058 Euthanasia of dogs and cats.— 148 (4)(a) Euthanasia mayshallbe performed only by: 149 1. A licensed veterinarian; or 150 2. An employee or agent of a public or private agency, 151 animal shelter, or other facility that is operated for the 152 collection and care of stray, neglected, abandoned, or unwanted 153 animals, ifprovidedthe employee or agent has successfully 154 completed a 16-hour euthanasia technician certification course. 155 (b) Beginning January 1, 2020, a certified employee or 156 agent authorized to perform euthanasia under subparagraph (a)2. 157 must complete 4 hours of continuing education every 2 years to 158 remain certified. 159 (c)The curriculum for such course must be approved byThe 160 Board of Veterinary Medicine must approve the curriculum for the 161 required initial certification and continuing education 162 requirements under this subsection. The curriculumandmust 163 include, at a minimum, the pharmacology, proper administration, 164 and storage of euthanasia solutions; federal and state laws 165 regulating the storage and accountability of euthanasia 166 solutions; euthanasia technician stress management; and proper 167 disposal of euthanized animals. The continuing education course 168 may include any of the topics covered in the initial 169 certification courseAn employee or agent performing euthanasia170before October 1, 1993, must obtain certification by October 1,1711994. 172 (d) An employee or agent who begins performing euthanasia 173 on or after October 1, 1993, must obtain certification before 174 performing any euthanasia. However, a certified veterinarian 175 technician who is an employee or agent as described in this 176defined in thesubsection,may perform euthanasia without 177 completing the certification course required by this subsection. 178 (e) Euthanasia must be performed in a humane and proficient 179 manner. 180 (f)(b)ANodog or cat may not be left unattended between 181 the time euthanasia procedures are first begun and the time 182 death occurs, nor may its body be disposed of until death is 183 confirmed by a qualified person. 184 Section 5. Subsection (15) of section 828.29, Florida 185 Statutes, is amended to read: 186 828.29 Dogs and cats transported or offered for sale; 187 health requirements; consumer guarantee.— 188 (15) County-operated or city-operated animal control 189 agencies and registered nonprofit humane organizations are 190 exempt from this section; however, such agencies and 191 organizations are not exempt from the requirements of s. 192 585.145(2). 193 Section 6. This act shall take effect July 1, 2019.