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A bill to be entitled 1
An act relating to animal protection; providing a short 2 title; amending s. 474.203, F.S.; revising a veterinary 3 licensure exemption pertaining to certain persons 4 practicing temporarily in the state; providing 5 circumstances that render inapplicable a veterinary 6 licensure exemption pertaining to part-time and 7 independent contractors; amending s. 500.451, F.S.; 8 prohibiting specified acts relating to horsemeat for human 9 consumption; providing penalties; increasing the 10 classification of offenses related to horsemeat for human 11 consumption; providing for suspension of licenses of 12 certain businesses for offenses related to horsemeat; 13 providing mandatory minimum penalties; amending s. 14 828.073, F.S.; revising procedures for law enforcement 15 officers and certain animal cruelty prevention agents to 16 file petitions in custody proceedings involving neglected 17 animals; exempting animal owners from payment of the care 18 provided for their animals during such proceedings under 19 certain circumstances; revising the period within which 20 written notice of such proceedings must be served; 21 deleting a provision requiring publication of notices of 22 such proceedings under certain circumstances; revising 23 provisions relating to remand of neglected animals 24 directly to the seizing officer or agent for disposition; 25 amending s. 828.125, F.S.; revising provisions prohibiting 26 certain acts relating to horses to apply to all horses 27 regardless of breed; providing mandatory minimum penalties 28
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for violations involving horses or certain cattle; 29 creating s. 828.28, F.S.; requiring local governments to 30 provide notice prior to licensing deadlines; encouraging 31 local governments to develop online licensing systems; 32 providing effective dates. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. This act may be cited as the "Ivonne Rodriguez 37 and Victoria McCullough Horse Protection Act." 38
Section 2. Section 474.203, Florida Statutes, is amended 39 to read: 40
474.203 Exemptions.—This chapter does shall not apply to: 41
(1) Any faculty member practicing only in conjunction with 42 teaching duties at a school or college of veterinary medicine 43 located in this state and accredited by the American Veterinary 44 Medical Association Council on Education. However, this 45 exemption applies shall only apply to such a faculty member who 46 does not hold a valid license issued under this chapter, but who 47 is a graduate of a school or college of veterinary medicine 48 accredited by the American Veterinary Medical Association 49 Council on Education or a school or college recognized by the 50 American Veterinary Medical Association Commission for Foreign 51 Veterinary Graduates. The faculty member exemption shall 52 automatically expires expire when such school or college 53 terminates the faculty member from such teaching duties. On 54 December 31 of each year, such school or college shall provide 55 the board with a written list of all faculty who are exempt from 56
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this chapter. Such school or college shall also notify the board 57 in writing of any additions or deletions to such list. 58
(2) A person practicing as an intern or resident 59 veterinarian who does not hold a valid license issued under this 60 chapter and who is a graduate in training at a school or college 61 of veterinary medicine located in this state and accredited by 62 the American Veterinary Medical Association Council on Education 63 or a school or college recognized by the American Veterinary 64 Medical Association Commission for Foreign Veterinary Graduates. 65 Such intern or resident must be a graduate of a school or 66 college of veterinary medicine accredited by the American 67 Veterinary Medical Association Council on Education. This 68 exemption expires when such intern or resident completes or is 69 terminated from such training. Each school or college at which 70 such intern or resident is in training shall, on July 1 of each 71 year, provide the board with a written list of all such interns 72 or residents designated for this exemption, and the school or 73 college shall also notify the board of any additions or 74 deletions to the list. 75
(3) A student in a school or college of veterinary 76 medicine while in the performance of duties assigned by her or 77 his instructor or when working as a preceptor under the 78 immediate supervision of a licensee, if provided that such 79 preceptorship is required for graduation from an accredited 80 school or college of veterinary medicine. The licensed 81 veterinarian is shall be responsible for all acts performed by a 82 preceptor under her or his supervision. 83
(4) Any doctor of veterinary medicine in the employ of a 84
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state agency or the United States Government while actually 85 engaged in the performance of her or his official duties; 86 however, this exemption does shall not apply to such person when 87 the person is not engaged in carrying out her or his official 88 duties or is not working at the installations for which her or 89 his services were engaged. 90
(5)(a) Any person, or the person's regular employee, 91 administering to the ills or injuries of her or his own animals, 92 including, but not limited to, castration, spaying, and 93 dehorning of herd animals, unless title has been transferred or 94 employment provided for the purpose of circumventing this law. 95 This exemption does shall not apply to unlicensed out-of-state 96 veterinarians practicing temporarily in the state. However, only 97 a veterinarian may immunize or treat an animal for diseases that 98 which are communicable to humans and that which are of public 99 health significance. 100
(b) A person hired on a part-time or temporary basis, or 101 as an independent contractor, by an owner to assist with herd 102 management and animal husbandry tasks for herd and flock 103 animals, including castration, dehorning, parasite control, and 104 debeaking, or a person hired on a part-time or temporary basis, 105 or as an independent contractor, by an owner to provide farriery 106 and manual hand floating of teeth on equines. This exemption 107 does not apply to any person who has been convicted of a 108 violation of chapter 828 that relates to animal cruelty or a 109 similar offense in another jurisdiction. 110
(6) State agencies, accredited schools, institutions, 111 foundations, business corporations or associations, physicians 112
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licensed to practice medicine and surgery in all its branches, 113 graduate doctors of veterinary medicine, or persons under the 114 direct supervision thereof, which or who conduct experiments and 115 scientific research on animals in the development of 116 pharmaceuticals, biologicals, serums, or methods of treatment, 117 or techniques for the diagnosis or treatment of human ailments, 118 or when engaged in the study and development of methods and 119 techniques directly or indirectly applicable to the problems of 120 the practice of veterinary medicine. 121
(7) Any veterinary aide, nurse, laboratory technician, 122 preceptor, or other employee of a licensed veterinarian who 123 administers medication or who renders auxiliary or supporting 124 assistance under the responsible supervision of a licensed 125 veterinarian, including those tasks identified by rule of the 126 board requiring immediate supervision. However, the licensed 127 veterinarian is shall be responsible for all such acts performed 128 under this subsection by persons under her or his supervision. 129
(8) A veterinarian, licensed by and actively practicing 130 veterinary medicine in another state, who is board certified in 131 a specialty recognized by the board and who responds to a 132 request of a veterinarian licensed in this state to assist with 133 the treatment on a specific case of a specific animal or with 134 the treatment on a specific case of the animals of a single 135 owner, as long as the veterinarian licensed in this state 136 requests the other veterinarian's presence. A veterinarian who 137 practices under this subsection is not eligible to apply for a 138 premises permit under s. 474.215. 139
140
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For the purposes of chapters 465 and 893, persons exempt 141 pursuant to subsection (1), subsection (2), or subsection (4) 142 are deemed to be duly licensed practitioners authorized by the 143 laws of this state to prescribe drugs or medicinal supplies. 144
Section 3. Effective October 1, 2010, section 500.451, 145 Florida Statutes, is amended to read: 146
500.451 Horse meat; offenses sale for human consumption.— 147
(1) It is unlawful for any person to: 148
(a) Sell in the markets of this state horse meat for human 149 consumption unless the horse meat is clearly stamped, marked, 150 and described as horse meat for human consumption. 151
(b) Knowingly transport, distribute, sell, purchase, or 152 possess horsemeat for human consumption that is not clearly 153 stamped, marked, and described as horsemeat for human 154 consumption or horsemeat that is not acquired from a licensed 155 slaughterhouse. 156
(2) A person that violates this section commits is guilty 157 of a felony misdemeanor of the third second degree, punishable 158 as provided in s. 775.082, or s. 775.083, or s. 775.084, except 159 that any person who commits a violation of this section shall be 160 sentenced to a minimum mandatory fine of $3,500 and a minimum 161 mandatory period of incarceration of 1 year. 162
(3) In addition to any penalties provided in subsection 163 (2), any license of any restaurant, store, or other business may 164 be suspended as provided in the applicable licensing law upon 165 conviction of an owner or employee of that business for a 166 violation of this section in connection with that business. 167
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Section 4. Subsections (2) and (3) and paragraph (c) of 168 subsection (4) of section 828.073, Florida Statutes, are amended 169 to read: 170
828.073 Animals found in distress; when agent may take 171 charge; hearing; disposition; sale.— 172
(2) Any law enforcement officer or any agent of any county 173 or of any society or association for the prevention of cruelty 174 to animals appointed under the provisions of s. 828.03 may: 175
(a) Lawfully take custody of any animal found neglected or 176 cruelly treated by removing the animal from its present 177 location, or 178
(b) Order the owner of any animal found neglected or 179 cruelly treated to provide certain care to the animal at the 180 owner's expense without removal of the animal from its present 181 location, 182
183
and shall file a forthwith petition seeking relief under this 184 section in the county court judge of the county in which wherein 185 the animal is found within 10 days after the animal is seized or 186 an order to provide care is issued. The court shall schedule and 187 commence for a hearing on the petition, to be set within 30 days 188 after the petition is filed date of seizure of the animal or 189 issuance of the order to provide care and held not more than 15 190 days after the setting of such date, to determine whether the 191 owner, if known, is able to provide adequately for the animal 192 and is fit to have custody of the animal. The hearing shall be 193 concluded and the court order entered thereon within 60 days 194 after the date the hearing is commenced. The timeframes set 195
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forth in this subsection are not jurisdictional. However, if a 196 failure to meet such timeframes is attributable to the officer 197 or agent, the owner is not required to pay the officer or agent 198 for care of the animal during any period of delay caused by the 199 officer or agent. A No fee may not shall be charged for the 200 filing of the petition. This subsection does not Nothing herein 201 is intended to require court action for the taking into custody 202 and making proper disposition of stray or abandoned animals as 203 lawfully performed by animal control agents. 204
(3) The officer or agent of any county or of any society 205 or association for the prevention of cruelty to animals taking 206 charge of any animal pursuant to the provisions of this section 207 shall have written notice served, at least 3 5 days before prior 208 to the hearing scheduled under set forth in subsection (2), upon 209 the owner of the animal, if he or she is known and is residing 210 in the county where the animal was taken, in conformance with 211 the provisions of chapter 48 relating to service of process. The 212 sheriff of the county shall not charge a fee for service of such 213 notice. If the owner of the animal is known but is residing 214 outside of the county wherein the animal was taken, notice of 215 the hearing shall be by publication in conformance with the 216 provisions of chapter 49. 217
(4) 218
(c) Upon the court's judgment that the owner of the animal 219 is unable or unfit to adequately provide for the animal: 220
1. The court may: shall 221
a. Order that the animal to be sold by the sheriff at 222 public auction, and shall provide in its order that the current 223
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owner shall have no further custody of the animal, and that any 224 animal not bid upon shall be remanded to the custody of the 225 Society for the Prevention of Cruelty to Animals, the Humane 226 Society, the county, or any agency or person the judge deems 227 appropriate, to be disposed of as the agency or person sees fit; 228 or 229
b.2. The court may Order that the animal be destroyed or 230 remanded directly to the custody of the Society for the 231 Prevention of Cruelty to Animals, the Humane Society, the 232 county, or any agency or person the judge deems appropriate, to 233 be disposed of as the agency or person sees fit, upon the 234 testimony of the agent who took custody of the animal, or upon 235 the testimony of other qualified witnesses, that the animal 236 requires destruction or other disposition for humanitarian 237 reasons or is of no commercial value. 238
2.3. The court, upon proof of costs incurred by the 239 officer or agent or officer, the court may require that the 240 owner pay for the care of the animal while in the custody of the 241 officer or agent or officer. A separate hearing may be held. 242
3.4. The court may order that other animals that are in 243 the custody of the owner and that were not seized by the officer 244 or agent be turned over to the officer or agent, if the court 245 determines that the owner is unable or unfit to adequately 246 provide for the animals. The court may enjoin the owner's 247 further possession or custody of other animals. 248
Section 5. Effective October 1, 2010, section (1) of 249 section 828.125, Florida Statutes, is amended to read: 250
828.125 Killing or aggravated abuse of registered breed 251
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horses or cattle; offenses; penalties.—Any other provisions of 252 this chapter to the contrary notwithstanding: 253
(1) Any person who willfully and unlawfully, by any means 254 whatsoever, kills, maims, mutilates, or causes great bodily harm 255 or permanent breeding disability to any animal of the genus 256 Equus (horse) or any animal of any registered breed or 257 recognized registered hybrid of the genus Equus (horse) or genus 258 Bos (cattle) commits, or any recognized registered hybrid of the 259 specified genera, shall be guilty of a felony of the second 260 degree, punishable as provided by s. 775.082, s. 775.083, or s. 261 775.084, except that any person who commits a violation of this 262 subsection shall be sentenced to a minimum mandatory fine of 263 $3,500 and a minimum mandatory period of incarceration of 1 264 year. 265
Section 6. Section 828.28, Florida Statutes, is created to 266 read: 267
828.28 Local animal licensing ordinances; notices.-- 268
(1) Any county or municipality that has a licensing 269 requirement for dogs must provide notice to dog owners at least 270 45 days prior to any licensure renewal deadline. The notice must 271 contain information describing the licensing requirements and 272 any associated penalties. 273
(2) Counties and municipalities with licensing 274 requirements are encouraged to develop online licensing systems 275 to provide a convenient and cost-effective licensing process.276 Section 7. Except as otherwise expressly provided in this 277 act, act shall take effect July 1, 2010. 278
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A bill to be entitled 1
An act relating to animal protection; providing a short 2 title; amending s. 474.203, F.S.; revising a veterinary 3 licensure exemption pertaining to certain persons 4 practicing temporarily in the state; providing 5 circumstances that render inapplicable a veterinary 6 licensure exemption pertaining to part-time and 7 independent contractors; amending s. 500.451, F.S.; 8 prohibiting specified acts relating to horsemeat for human 9 consumption; providing penalties; increasing the 10 classification of offenses related to horsemeat for human 11 consumption; providing for suspension of licenses of 12 certain businesses for offenses related to horsemeat; 13 providing mandatory minimum penalties; amending s. 14 828.073, F.S.; revising procedures for law enforcement 15 officers and certain animal cruelty prevention agents to 16 file petitions in custody proceedings involving neglected 17 animals; exempting animal owners from payment of the care 18 provided for their animals during such proceedings under 19 certain circumstances; revising the period within which 20 written notice of such proceedings must be served; 21 deleting a provision requiring publication of notices of 22 such proceedings under certain circumstances; revising 23 provisions relating to remand of neglected animals 24 directly to the seizing officer or agent for disposition; 25 amending s. 828.125, F.S.; revising provisions prohibiting 26 certain acts relating to horses to apply to all horses 27 regardless of breed; providing mandatory minimum penalties 28
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for violations involving horses or certain cattle; 29 creating s. 828.28, F.S.; requiring local governments to 30 provide notice prior to licensing deadlines; encouraging 31 local governments to develop online licensing systems; 32 providing effective dates. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. This act may be cited as the "Ivonne Rodriguez 37 and Victoria McCullough Horse Protection Act." 38
Section 2. Section 474.203, Florida Statutes, is amended 39 to read: 40
474.203 Exemptions.—This chapter does shall not apply to: 41
(1) Any faculty member practicing only in conjunction with 42 teaching duties at a school or college of veterinary medicine 43 located in this state and accredited by the American Veterinary 44 Medical Association Council on Education. However, this 45 exemption applies shall only apply to such a faculty member who 46 does not hold a valid license issued under this chapter, but who 47 is a graduate of a school or college of veterinary medicine 48 accredited by the American Veterinary Medical Association 49 Council on Education or a school or college recognized by the 50 American Veterinary Medical Association Commission for Foreign 51 Veterinary Graduates. The faculty member exemption shall 52 automatically expires expire when such school or college 53 terminates the faculty member from such teaching duties. On 54 December 31 of each year, such school or college shall provide 55 the board with a written list of all faculty who are exempt from 56
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this chapter. Such school or college shall also notify the board 57 in writing of any additions or deletions to such list. 58
(2) A person practicing as an intern or resident 59 veterinarian who does not hold a valid license issued under this 60 chapter and who is a graduate in training at a school or college 61 of veterinary medicine located in this state and accredited by 62 the American Veterinary Medical Association Council on Education 63 or a school or college recognized by the American Veterinary 64 Medical Association Commission for Foreign Veterinary Graduates. 65 Such intern or resident must be a graduate of a school or 66 college of veterinary medicine accredited by the American 67 Veterinary Medical Association Council on Education. This 68 exemption expires when such intern or resident completes or is 69 terminated from such training. Each school or college at which 70 such intern or resident is in training shall, on July 1 of each 71 year, provide the board with a written list of all such interns 72 or residents designated for this exemption, and the school or 73 college shall also notify the board of any additions or 74 deletions to the list. 75
(3) A student in a school or college of veterinary 76 medicine while in the performance of duties assigned by her or 77 his instructor or when working as a preceptor under the 78 immediate supervision of a licensee, if provided that such 79 preceptorship is required for graduation from an accredited 80 school or college of veterinary medicine. The licensed 81 veterinarian is shall be responsible for all acts performed by a 82 preceptor under her or his supervision. 83
(4) Any doctor of veterinary medicine in the employ of a 84
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state agency or the United States Government while actually 85 engaged in the performance of her or his official duties; 86 however, this exemption does shall not apply to such person when 87 the person is not engaged in carrying out her or his official 88 duties or is not working at the installations for which her or 89 his services were engaged. 90
(5)(a) Any person, or the person's regular employee, 91 administering to the ills or injuries of her or his own animals, 92 including, but not limited to, castration, spaying, and 93 dehorning of herd animals, unless title has been transferred or 94 employment provided for the purpose of circumventing this law. 95 This exemption does shall not apply to unlicensed out-of-state 96 veterinarians practicing temporarily in the state. However, only 97 a veterinarian may immunize or treat an animal for diseases that 98 which are communicable to humans and that which are of public 99 health significance. 100
(b) A person hired on a part-time or temporary basis, or 101 as an independent contractor, by an owner to assist with herd 102 management and animal husbandry tasks for herd and flock 103 animals, including castration, dehorning, parasite control, and 104 debeaking, or a person hired on a part-time or temporary basis, 105 or as an independent contractor, by an owner to provide farriery 106 and manual hand floating of teeth on equines. This exemption 107 does not apply to any person who has been convicted of a 108 violation of chapter 828 that relates to animal cruelty or a 109 similar offense in another jurisdiction. 110
(6) State agencies, accredited schools, institutions, 111 foundations, business corporations or associations, physicians 112
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licensed to practice medicine and surgery in all its branches, 113 graduate doctors of veterinary medicine, or persons under the 114 direct supervision thereof, which or who conduct experiments and 115 scientific research on animals in the development of 116 pharmaceuticals, biologicals, serums, or methods of treatment, 117 or techniques for the diagnosis or treatment of human ailments, 118 or when engaged in the study and development of methods and 119 techniques directly or indirectly applicable to the problems of 120 the practice of veterinary medicine. 121
(7) Any veterinary aide, nurse, laboratory technician, 122 preceptor, or other employee of a licensed veterinarian who 123 administers medication or who renders auxiliary or supporting 124 assistance under the responsible supervision of a licensed 125 veterinarian, including those tasks identified by rule of the 126 board requiring immediate supervision. However, the licensed 127 veterinarian is shall be responsible for all such acts performed 128 under this subsection by persons under her or his supervision. 129
(8) A veterinarian, licensed by and actively practicing 130 veterinary medicine in another state, who is board certified in 131 a specialty recognized by the board and who responds to a 132 request of a veterinarian licensed in this state to assist with 133 the treatment on a specific case of a specific animal or with 134 the treatment on a specific case of the animals of a single 135 owner, as long as the veterinarian licensed in this state 136 requests the other veterinarian's presence. A veterinarian who 137 practices under this subsection is not eligible to apply for a 138 premises permit under s. 474.215. 139
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For the purposes of chapters 465 and 893, persons exempt 141 pursuant to subsection (1), subsection (2), or subsection (4) 142 are deemed to be duly licensed practitioners authorized by the 143 laws of this state to prescribe drugs or medicinal supplies. 144
Section 3. Effective October 1, 2010, section 500.451, 145 Florida Statutes, is amended to read: 146
500.451 Horse meat; offenses sale for human consumption.— 147
(1) It is unlawful for any person to: 148
(a) Sell in the markets of this state horse meat for human 149 consumption unless the horse meat is clearly stamped, marked, 150 and described as horse meat for human consumption. 151
(b) Knowingly transport, distribute, sell, purchase, or 152 possess horsemeat for human consumption that is not clearly 153 stamped, marked, and described as horsemeat for human 154 consumption or horsemeat that is not acquired from a licensed 155 slaughterhouse. 156
(2) A person that violates this section commits is guilty 157 of a felony misdemeanor of the third second degree, punishable 158 as provided in s. 775.082, or s. 775.083, or s. 775.084, except 159 that any person who commits a violation of this section shall be 160 sentenced to a minimum mandatory fine of $3,500 and a minimum 161 mandatory period of incarceration of 1 year. 162
(3) In addition to any penalties provided in subsection 163 (2), any license of any restaurant, store, or other business may 164 be suspended as provided in the applicable licensing law upon 165 conviction of an owner or employee of that business for a 166 violation of this section in connection with that business. 167
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Section 4. Subsections (2) and (3) and paragraph (c) of 168 subsection (4) of section 828.073, Florida Statutes, are amended 169 to read: 170
828.073 Animals found in distress; when agent may take 171 charge; hearing; disposition; sale.— 172
(2) Any law enforcement officer or any agent of any county 173 or of any society or association for the prevention of cruelty 174 to animals appointed under the provisions of s. 828.03 may: 175
(a) Lawfully take custody of any animal found neglected or 176 cruelly treated by removing the animal from its present 177 location, or 178
(b) Order the owner of any animal found neglected or 179 cruelly treated to provide certain care to the animal at the 180 owner's expense without removal of the animal from its present 181 location, 182
183
and shall file a forthwith petition seeking relief under this 184 section in the county court judge of the county in which wherein 185 the animal is found within 10 days after the animal is seized or 186 an order to provide care is issued. The court shall schedule and 187 commence for a hearing on the petition, to be set within 30 days 188 after the petition is filed date of seizure of the animal or 189 issuance of the order to provide care and held not more than 15 190 days after the setting of such date, to determine whether the 191 owner, if known, is able to provide adequately for the animal 192 and is fit to have custody of the animal. The hearing shall be 193 concluded and the court order entered thereon within 60 days 194 after the date the hearing is commenced. The timeframes set 195
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forth in this subsection are not jurisdictional. However, if a 196 failure to meet such timeframes is attributable to the officer 197 or agent, the owner is not required to pay the officer or agent 198 for care of the animal during any period of delay caused by the 199 officer or agent. A No fee may not shall be charged for the 200 filing of the petition. This subsection does not Nothing herein 201 is intended to require court action for the taking into custody 202 and making proper disposition of stray or abandoned animals as 203 lawfully performed by animal control agents. 204
(3) The officer or agent of any county or of any society 205 or association for the prevention of cruelty to animals taking 206 charge of any animal pursuant to the provisions of this section 207 shall have written notice served, at least 3 5 days before prior 208 to the hearing scheduled under set forth in subsection (2), upon 209 the owner of the animal, if he or she is known and is residing 210 in the county where the animal was taken, in conformance with 211 the provisions of chapter 48 relating to service of process. The 212 sheriff of the county shall not charge a fee for service of such 213 notice. If the owner of the animal is known but is residing 214 outside of the county wherein the animal was taken, notice of 215 the hearing shall be by publication in conformance with the 216 provisions of chapter 49. 217
(4) 218
(c) Upon the court's judgment that the owner of the animal 219 is unable or unfit to adequately provide for the animal: 220
1. The court may: shall 221
a. Order that the animal to be sold by the sheriff at 222 public auction, and shall provide in its order that the current 223
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owner shall have no further custody of the animal, and that any 224 animal not bid upon shall be remanded to the custody of the 225 Society for the Prevention of Cruelty to Animals, the Humane 226 Society, the county, or any agency or person the judge deems 227 appropriate, to be disposed of as the agency or person sees fit; 228 or 229
b.2. The court may Order that the animal be destroyed or 230 remanded directly to the custody of the Society for the 231 Prevention of Cruelty to Animals, the Humane Society, the 232 county, or any agency or person the judge deems appropriate, to 233 be disposed of as the agency or person sees fit, upon the 234 testimony of the agent who took custody of the animal, or upon 235 the testimony of other qualified witnesses, that the animal 236 requires destruction or other disposition for humanitarian 237 reasons or is of no commercial value. 238
2.3. The court, upon proof of costs incurred by the 239 officer or agent or officer, the court may require that the 240 owner pay for the care of the animal while in the custody of the 241 officer or agent or officer. A separate hearing may be held. 242
3.4. The court may order that other animals that are in 243 the custody of the owner and that were not seized by the officer 244 or agent be turned over to the officer or agent, if the court 245 determines that the owner is unable or unfit to adequately 246 provide for the animals. The court may enjoin the owner's 247 further possession or custody of other animals. 248
Section 5. Effective October 1, 2010, section (1) of 249 section 828.125, Florida Statutes, is amended to read: 250
828.125 Killing or aggravated abuse of registered breed 251
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horses or cattle; offenses; penalties.—Any other provisions of 252 this chapter to the contrary notwithstanding: 253
(1) Any person who willfully and unlawfully, by any means 254 whatsoever, kills, maims, mutilates, or causes great bodily harm 255 or permanent breeding disability to any animal of the genus 256 Equus (horse) or any animal of any registered breed or 257 recognized registered hybrid of the genus Equus (horse) or genus 258 Bos (cattle) commits, or any recognized registered hybrid of the 259 specified genera, shall be guilty of a felony of the second 260 degree, punishable as provided by s. 775.082, s. 775.083, or s. 261 775.084, except that any person who commits a violation of this 262 subsection shall be sentenced to a minimum mandatory fine of 263 $3,500 and a minimum mandatory period of incarceration of 1 264 year. 265
Section 6. Section 828.28, Florida Statutes, is created to 266 read: 267
828.28 Local animal licensing ordinances; notices.-- 268
(1) Any county or municipality that has a licensing 269 requirement for dogs must provide notice to dog owners at least 270 45 days prior to any licensure renewal deadline. The notice must 271 contain information describing the licensing requirements and 272 any associated penalties. 273
(2) Counties and municipalities with licensing 274 requirements are encouraged to develop online licensing systems 275 to provide a convenient and cost-effective licensing process.276 Section 7. Except as otherwise expressly provided in this 277 act, act shall take effect July 1, 2010. 278
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A bill to be entitled 1
An act relating to animal protection; providing a short 2 title; amending s. 474.203, F.S.; revising a veterinary 3 licensure exemption pertaining to certain persons 4 practicing temporarily in the state; providing 5 circumstances that render inapplicable a veterinary 6 licensure exemption pertaining to part-time and 7 independent contractors; amending s. 500.451, F.S.; 8 prohibiting specified acts relating to horsemeat for human 9 consumption; providing penalties; increasing the 10 classification of offenses related to horsemeat for human 11 consumption; providing for suspension of licenses of 12 certain businesses for offenses related to horsemeat; 13 providing mandatory minimum penalties; amending s. 14 828.073, F.S.; revising procedures for law enforcement 15 officers and certain animal cruelty prevention agents to 16 file petitions in custody proceedings involving neglected 17 animals; exempting animal owners from payment of the care 18 provided for their animals during such proceedings under 19 certain circumstances; revising the period within which 20 written notice of such proceedings must be served; 21 deleting a provision requiring publication of notices of 22 such proceedings under certain circumstances; revising 23 provisions relating to remand of neglected animals 24 directly to the seizing officer or agent for disposition; 25 amending s. 828.125, F.S.; revising provisions prohibiting 26 certain acts relating to horses to apply to all horses 27 regardless of breed; providing mandatory minimum penalties 28
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for violations involving horses or certain cattle; 29 creating s. 828.28, F.S.; requiring local governments to 30 provide notice prior to licensing deadlines; encouraging 31 local governments to develop online licensing systems; 32 providing effective dates. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. This act may be cited as the "Ivonne Rodriguez 37 and Victoria McCullough Horse Protection Act." 38
Section 2. Section 474.203, Florida Statutes, is amended 39 to read: 40
474.203 Exemptions.—This chapter does shall not apply to: 41
(1) Any faculty member practicing only in conjunction with 42 teaching duties at a school or college of veterinary medicine 43 located in this state and accredited by the American Veterinary 44 Medical Association Council on Education. However, this 45 exemption applies shall only apply to such a faculty member who 46 does not hold a valid license issued under this chapter, but who 47 is a graduate of a school or college of veterinary medicine 48 accredited by the American Veterinary Medical Association 49 Council on Education or a school or college recognized by the 50 American Veterinary Medical Association Commission for Foreign 51 Veterinary Graduates. The faculty member exemption shall 52 automatically expires expire when such school or college 53 terminates the faculty member from such teaching duties. On 54 December 31 of each year, such school or college shall provide 55 the board with a written list of all faculty who are exempt from 56
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this chapter. Such school or college shall also notify the board 57 in writing of any additions or deletions to such list. 58
(2) A person practicing as an intern or resident 59 veterinarian who does not hold a valid license issued under this 60 chapter and who is a graduate in training at a school or college 61 of veterinary medicine located in this state and accredited by 62 the American Veterinary Medical Association Council on Education 63 or a school or college recognized by the American Veterinary 64 Medical Association Commission for Foreign Veterinary Graduates. 65 Such intern or resident must be a graduate of a school or 66 college of veterinary medicine accredited by the American 67 Veterinary Medical Association Council on Education. This 68 exemption expires when such intern or resident completes or is 69 terminated from such training. Each school or college at which 70 such intern or resident is in training shall, on July 1 of each 71 year, provide the board with a written list of all such interns 72 or residents designated for this exemption, and the school or 73 college shall also notify the board of any additions or 74 deletions to the list. 75
(3) A student in a school or college of veterinary 76 medicine while in the performance of duties assigned by her or 77 his instructor or when working as a preceptor under the 78 immediate supervision of a licensee, if provided that such 79 preceptorship is required for graduation from an accredited 80 school or college of veterinary medicine. The licensed 81 veterinarian is shall be responsible for all acts performed by a 82 preceptor under her or his supervision. 83
(4) Any doctor of veterinary medicine in the employ of a 84
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state agency or the United States Government while actually 85 engaged in the performance of her or his official duties; 86 however, this exemption does shall not apply to such person when 87 the person is not engaged in carrying out her or his official 88 duties or is not working at the installations for which her or 89 his services were engaged. 90
(5)(a) Any person, or the person's regular employee, 91 administering to the ills or injuries of her or his own animals, 92 including, but not limited to, castration, spaying, and 93 dehorning of herd animals, unless title has been transferred or 94 employment provided for the purpose of circumventing this law. 95 This exemption does shall not apply to unlicensed out-of-state 96 veterinarians practicing temporarily in the state. However, only 97 a veterinarian may immunize or treat an animal for diseases that 98 which are communicable to humans and that which are of public 99 health significance. 100
(b) A person hired on a part-time or temporary basis, or 101 as an independent contractor, by an owner to assist with herd 102 management and animal husbandry tasks for herd and flock 103 animals, including castration, dehorning, parasite control, and 104 debeaking, or a person hired on a part-time or temporary basis, 105 or as an independent contractor, by an owner to provide farriery 106 and manual hand floating of teeth on equines. This exemption 107 does not apply to any person who has been convicted of a 108 violation of chapter 828 that relates to animal cruelty or a 109 similar offense in another jurisdiction. 110
(6) State agencies, accredited schools, institutions, 111 foundations, business corporations or associations, physicians 112
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licensed to practice medicine and surgery in all its branches, 113 graduate doctors of veterinary medicine, or persons under the 114 direct supervision thereof, which or who conduct experiments and 115 scientific research on animals in the development of 116 pharmaceuticals, biologicals, serums, or methods of treatment, 117 or techniques for the diagnosis or treatment of human ailments, 118 or when engaged in the study and development of methods and 119 techniques directly or indirectly applicable to the problems of 120 the practice of veterinary medicine. 121
(7) Any veterinary aide, nurse, laboratory technician, 122 preceptor, or other employee of a licensed veterinarian who 123 administers medication or who renders auxiliary or supporting 124 assistance under the responsible supervision of a licensed 125 veterinarian, including those tasks identified by rule of the 126 board requiring immediate supervision. However, the licensed 127 veterinarian is shall be responsible for all such acts performed 128 under this subsection by persons under her or his supervision. 129
(8) A veterinarian, licensed by and actively practicing 130 veterinary medicine in another state, who is board certified in 131 a specialty recognized by the board and who responds to a 132 request of a veterinarian licensed in this state to assist with 133 the treatment on a specific case of a specific animal or with 134 the treatment on a specific case of the animals of a single 135 owner, as long as the veterinarian licensed in this state 136 requests the other veterinarian's presence. A veterinarian who 137 practices under this subsection is not eligible to apply for a 138 premises permit under s. 474.215. 139
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For the purposes of chapters 465 and 893, persons exempt 141 pursuant to subsection (1), subsection (2), or subsection (4) 142 are deemed to be duly licensed practitioners authorized by the 143 laws of this state to prescribe drugs or medicinal supplies. 144
Section 3. Effective October 1, 2010, section 500.451, 145 Florida Statutes, is amended to read: 146
500.451 Horse meat; offenses sale for human consumption.— 147
(1) It is unlawful for any person to: 148
(a) Sell in the markets of this state horse meat for human 149 consumption unless the horse meat is clearly stamped, marked, 150 and described as horse meat for human consumption. 151
(b) Knowingly transport, distribute, sell, purchase, or 152 possess horsemeat for human consumption that is not clearly 153 stamped, marked, and described as horsemeat for human 154 consumption or horsemeat that is not acquired from a licensed 155 slaughterhouse. 156
(2) A person that violates this section commits is guilty 157 of a felony misdemeanor of the third second degree, punishable 158 as provided in s. 775.082, or s. 775.083, or s. 775.084, except 159 that any person who commits a violation of this section shall be 160 sentenced to a minimum mandatory fine of $3,500 and a minimum 161 mandatory period of incarceration of 1 year. 162
(3) In addition to any penalties provided in subsection 163 (2), any license of any restaurant, store, or other business may 164 be suspended as provided in the applicable licensing law upon 165 conviction of an owner or employee of that business for a 166 violation of this section in connection with that business. 167
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Section 4. Subsections (2) and (3) and paragraph (c) of 168 subsection (4) of section 828.073, Florida Statutes, are amended 169 to read: 170
828.073 Animals found in distress; when agent may take 171 charge; hearing; disposition; sale.— 172
(2) Any law enforcement officer or any agent of any county 173 or of any society or association for the prevention of cruelty 174 to animals appointed under the provisions of s. 828.03 may: 175
(a) Lawfully take custody of any animal found neglected or 176 cruelly treated by removing the animal from its present 177 location, or 178
(b) Order the owner of any animal found neglected or 179 cruelly treated to provide certain care to the animal at the 180 owner's expense without removal of the animal from its present 181 location, 182
183
and shall file a forthwith petition seeking relief under this 184 section in the county court judge of the county in which wherein 185 the animal is found within 10 days after the animal is seized or 186 an order to provide care is issued. The court shall schedule and 187 commence for a hearing on the petition, to be set within 30 days 188 after the petition is filed date of seizure of the animal or 189 issuance of the order to provide care and held not more than 15 190 days after the setting of such date, to determine whether the 191 owner, if known, is able to provide adequately for the animal 192 and is fit to have custody of the animal. The hearing shall be 193 concluded and the court order entered thereon within 60 days 194 after the date the hearing is commenced. The timeframes set 195
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forth in this subsection are not jurisdictional. However, if a 196 failure to meet such timeframes is attributable to the officer 197 or agent, the owner is not required to pay the officer or agent 198 for care of the animal during any period of delay caused by the 199 officer or agent. A No fee may not shall be charged for the 200 filing of the petition. This subsection does not Nothing herein 201 is intended to require court action for the taking into custody 202 and making proper disposition of stray or abandoned animals as 203 lawfully performed by animal control agents. 204
(3) The officer or agent of any county or of any society 205 or association for the prevention of cruelty to animals taking 206 charge of any animal pursuant to the provisions of this section 207 shall have written notice served, at least 3 5 days before prior 208 to the hearing scheduled under set forth in subsection (2), upon 209 the owner of the animal, if he or she is known and is residing 210 in the county where the animal was taken, in conformance with 211 the provisions of chapter 48 relating to service of process. The 212 sheriff of the county shall not charge a fee for service of such 213 notice. If the owner of the animal is known but is residing 214 outside of the county wherein the animal was taken, notice of 215 the hearing shall be by publication in conformance with the 216 provisions of chapter 49. 217
(4) 218
(c) Upon the court's judgment that the owner of the animal 219 is unable or unfit to adequately provide for the animal: 220
1. The court may: shall 221
a. Order that the animal to be sold by the sheriff at 222 public auction, and shall provide in its order that the current 223
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owner shall have no further custody of the animal, and that any 224 animal not bid upon shall be remanded to the custody of the 225 Society for the Prevention of Cruelty to Animals, the Humane 226 Society, the county, or any agency or person the judge deems 227 appropriate, to be disposed of as the agency or person sees fit; 228 or 229
b.2. The court may Order that the animal be destroyed or 230 remanded directly to the custody of the Society for the 231 Prevention of Cruelty to Animals, the Humane Society, the 232 county, or any agency or person the judge deems appropriate, to 233 be disposed of as the agency or person sees fit, upon the 234 testimony of the agent who took custody of the animal, or upon 235 the testimony of other qualified witnesses, that the animal 236 requires destruction or other disposition for humanitarian 237 reasons or is of no commercial value. 238
2.3. The court, upon proof of costs incurred by the 239 officer or agent or officer, the court may require that the 240 owner pay for the care of the animal while in the custody of the 241 officer or agent or officer. A separate hearing may be held. 242
3.4. The court may order that other animals that are in 243 the custody of the owner and that were not seized by the officer 244 or agent be turned over to the officer or agent, if the court 245 determines that the owner is unable or unfit to adequately 246 provide for the animals. The court may enjoin the owner's 247 further possession or custody of other animals. 248
Section 5. Effective October 1, 2010, section (1) of 249 section 828.125, Florida Statutes, is amended to read: 250
828.125 Killing or aggravated abuse of registered breed 251
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horses or cattle; offenses; penalties.—Any other provisions of 252 this chapter to the contrary notwithstanding: 253
(1) Any person who willfully and unlawfully, by any means 254 whatsoever, kills, maims, mutilates, or causes great bodily harm 255 or permanent breeding disability to any animal of the genus 256 Equus (horse) or any animal of any registered breed or 257 recognized registered hybrid of the genus Equus (horse) or genus 258 Bos (cattle) commits, or any recognized registered hybrid of the 259 specified genera, shall be guilty of a felony of the second 260 degree, punishable as provided by s. 775.082, s. 775.083, or s. 261 775.084, except that any person who commits a violation of this 262 subsection shall be sentenced to a minimum mandatory fine of 263 $3,500 and a minimum mandatory period of incarceration of 1 264 year. 265
Section 6. Section 828.28, Florida Statutes, is created to 266 read: 267
828.28 Local animal licensing ordinances; notices.-- 268
(1) Any county or municipality that has a licensing 269 requirement for dogs must provide notice to dog owners at least 270 45 days prior to any licensure renewal deadline. The notice must 271 contain information describing the licensing requirements and 272 any associated penalties. 273
(2) Counties and municipalities with licensing 274 requirements are encouraged to develop online licensing systems 275 to provide a convenient and cost-effective licensing process.276 Section 7. Except as otherwise expressly provided in this 277 act, act shall take effect July 1, 2010. 278
Thursday, October 7, 2010
Wednesday, September 29, 2010
Public auction Saturday for 4 horses seized by police
ALACHUA COUNTY SHERIFF'S OFFICE These four horses will be auctioned off by the Alachua County Sheriff's Office on Saturday morning.
By Karen Voyles
Staff writer
Published: Wednesday, September 29, 2010 at 8:14 a.m.
Last Modified: Wednesday, September 29, 2010 at 8:15 a.m.
The Alachua County Sheriff’s Office will hold a public auction on Saturday morning to sell four horses seized a few weeks ago.
A judge ordered the animals to be turned over to the sheriff's office after they had been found without adequate food and water on more than one occasion earlier this year. Since being impounded in August, the animals have been on rehabilitative diets because they were all estimated to be at least 150 pounds underweight.
An auction to sell the animals will begin at 9 a.m. Saturday at the sheriff's Rural Services Livestock Impound facility at 18903 N.W. 67th Blvd. in Lacrosse.
Anyone who needs more information about the auction should contact Deputies Brandon Jones or Perry Koon at 955-1818.
By Karen Voyles
Staff writer
Published: Wednesday, September 29, 2010 at 8:14 a.m.
Last Modified: Wednesday, September 29, 2010 at 8:15 a.m.
The Alachua County Sheriff’s Office will hold a public auction on Saturday morning to sell four horses seized a few weeks ago.
A judge ordered the animals to be turned over to the sheriff's office after they had been found without adequate food and water on more than one occasion earlier this year. Since being impounded in August, the animals have been on rehabilitative diets because they were all estimated to be at least 150 pounds underweight.
An auction to sell the animals will begin at 9 a.m. Saturday at the sheriff's Rural Services Livestock Impound facility at 18903 N.W. 67th Blvd. in Lacrosse.
Anyone who needs more information about the auction should contact Deputies Brandon Jones or Perry Koon at 955-1818.
Friday, September 24, 2010
Thursday, September 23, 2010
Wednesday, September 22, 2010
Tuesday, September 21, 2010
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