CS/HB 765

1	A bill to be entitled
2	An act relating to animal protection; amending s. 474.203,
3	F.S.; providing circumstances that render inapplicable
4	certain veterinary licensure exemptions pertaining to
5	part-time and independent contractors; providing
6	circumstances that render inapplicable an exemption for
7	certain employees under supervision; amending s. 500.451,
8	F.S.; prohibiting specified acts relating to horsemeat for
9	human 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; directing county courts to expedite the
18	commencement of such proceedings; exempting animal owners
19	from payment of the care provided for their animals during
20	such proceedings under certain circumstances; revising the
21	period within which written notice of such proceedings
22	must be served; deleting a provision requiring publication
23	of notices of such proceedings under certain
24	circumstances; revising provisions relating to remand of
25	neglected animals directly to the seizing officer or agent
26	for disposition; amending s. 828.125, F.S.; revising
27	provisions prohibiting certain acts relating to horses to
28	apply to all horses regardless of breed; providing
29	mandatory minimum penalties for violations involving
30	horses or certain cattle; providing effective dates.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Section 474.203, Florida Statutes, is amended
35	to read:
36	474.203  Exemptions.-This chapter does shall not apply to:
37	(1)  Any faculty member practicing only in conjunction with
38	teaching duties at a school or college of veterinary medicine
39	located in this state and accredited by the American Veterinary
40	Medical Association Council on Education. However, this
41	exemption applies shall only apply to such a faculty member who
42	does not hold a valid license issued under this chapter, but who
43	is a graduate of a school or college of veterinary medicine
44	accredited by the American Veterinary Medical Association
45	Council on Education or a school or college recognized by the
46	American Veterinary Medical Association Commission for Foreign
47	Veterinary Graduates. The faculty member exemption shall
48	automatically expires expire when such school or college
49	terminates the faculty member from such teaching duties. On
50	December 31 of each year, such school or college shall provide
51	the board with a written list of all faculty who are exempt from
52	this chapter. Such school or college shall also notify the board
53	in writing of any additions or deletions to such list.
54	(2)  A person practicing as an intern or resident
55	veterinarian who does not hold a valid license issued under this
56	chapter and who is a graduate in training at a school or college
57	of veterinary medicine located in this state and accredited by
58	the American Veterinary Medical Association Council on Education
59	or a school or college recognized by the American Veterinary
60	Medical Association Commission for Foreign Veterinary Graduates.
61	Such intern or resident must be a graduate of a school or
62	college of veterinary medicine accredited by the American
63	Veterinary Medical Association Council on Education. This
64	exemption expires when such intern or resident completes or is
65	terminated from such training. Each school or college at which
66	such intern or resident is in training shall, on July 1 of each
67	year, provide the board with a written list of all such interns
68	or residents designated for this exemption, and the school or
69	college shall also notify the board of any additions or
70	deletions to the list.
71	(3)  A student in a school or college of veterinary
72	medicine while in the performance of duties assigned by her or
73	his instructor or when working as a preceptor under the
74	immediate supervision of a licensee, if provided that such
75	preceptorship is required for graduation from an accredited
76	school or college of veterinary medicine. The licensed
77	veterinarian is shall be responsible for all acts performed by a
78	preceptor under her or his supervision.
79	(4)  Any doctor of veterinary medicine in the employ of a
80	state agency or the United States Government while actually
81	engaged in the performance of her or his official duties;
82	however, this exemption does shall not apply to such person when
83	the person is not engaged in carrying out her or his official
84	duties or is not working at the installations for which her or
85	his services were engaged.
86	(5)(a)  Any person, or the person's regular employee,
87	administering to the ills or injuries of her or his own animals,
88	including, but not limited to, castration, spaying, and
89	dehorning of herd animals, unless title has been transferred or
90	employment provided for the purpose of circumventing this law.
91	This exemption does shall not apply to out-of-state
92	veterinarians practicing temporarily in the state. However, only
93	a veterinarian may immunize or treat an animal for diseases that
94	which are communicable to humans and that which are of public
95	health significance.
96	(b)  A person hired on a part-time or temporary basis, or
97	as an independent contractor, by an owner to assist with herd
98	management and animal husbandry tasks for herd and flock
99	animals, including castration, dehorning, parasite control, and
100	debeaking, or a person hired on a part-time or temporary basis,
101	or as an independent contractor, by an owner to provide farriery
102	and manual hand floating of teeth on equines. This exemption
103	does not apply to any person who has been convicted of a
104	violation of chapter 828 that relates to animal cruelty or a
105	similar offense in another jurisdiction.
106	(6)  State agencies, accredited schools, institutions,
107	foundations, business corporations or associations, physicians
108	licensed to practice medicine and surgery in all its branches,
109	graduate doctors of veterinary medicine, or persons under the
110	direct supervision thereof, which or who conduct experiments and
111	scientific research on animals in the development of
112	pharmaceuticals, biologicals, serums, or methods of treatment,
113	or techniques for the diagnosis or treatment of human ailments,
114	or when engaged in the study and development of methods and
115	techniques directly or indirectly applicable to the problems of
116	the practice of veterinary medicine.
117	(7)  Any veterinary aide, nurse, laboratory technician,
118	preceptor, or other employee of a licensed veterinarian who
119	administers medication or who renders auxiliary or supporting
120	assistance under the responsible supervision of a licensed
121	veterinarian, including those tasks identified by rule of the
122	board requiring immediate supervision. However, the licensed
123	veterinarian is shall be responsible for all such acts performed
124	under this subsection by persons under her or his supervision.
125	This exemption does not apply to any person whose license to
126	practice veterinary medicine is revoked, suspended, inactive, or
127	delinquent, whether in this state, another state, the District
128	of Columbia, any possession or territory of the United States,
129	or any foreign jurisdiction.
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 2.  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 3.  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 county court shall
196	establish procedures to expedite the commencement of hearings on
197	petitions filed under this subsection. The timeframes set forth
198	in this subsection are not jurisdictional. However, if a failure
199	to meet such timeframes is attributable to the officer or agent,
200	the owner is not required to pay the officer or agent for care
201	of the animal during any period of delay caused by the officer
202	or agent. A No fee may not shall be charged for the filing of
203	the petition. This subsection does not Nothing herein is
204	intended to require court action for the taking into custody and
205	making proper disposition of stray or abandoned animals as
206	lawfully performed by animal control agents.
207	(3)  The officer or agent of any county or of any society
208	or association for the prevention of cruelty to animals taking
209	charge of any animal pursuant to the provisions of this section
210	shall have written notice served, at least 3 5 days before prior
211	to the hearing scheduled under set forth in subsection (2), upon
212	the owner of the animal, if he or she is known and is residing
213	in the county where the animal was taken, in conformance with
214	the provisions of chapter 48 relating to service of process. The
215	sheriff of the county shall not charge a fee for service of such
216	notice. If the owner of the animal is known but is residing
217	outside of the county wherein the animal was taken, notice of
218	the hearing shall be by publication in conformance with the
219	provisions of chapter 49.
220	(4)
221	(c)  Upon the court's judgment that the owner of the animal
222	is unable or unfit to adequately provide for the animal:
223	1.  The court may: shall
224	a.  Order that the animal to be sold by the sheriff at
225	public auction, and shall provide in its order that the current
226	owner shall have no further custody of the animal, and that any
227	animal not bid upon shall be remanded to the custody of the
228	Society for the Prevention of Cruelty to Animals, the Humane
229	Society, the county, or any agency or person the judge deems
230	appropriate, to be disposed of as the agency or person sees fit;
231	or
232	b.2.  The court may Order that the animal be destroyed or
233	remanded directly to the custody of the Society for the
234	Prevention of Cruelty to Animals, the Humane Society, the
235	county, or any agency or person the judge deems appropriate, to
236	be disposed of as the agency or person sees fit, upon the
237	testimony of the agent who took custody of the animal, or upon
238	the testimony of other qualified witnesses, that the animal
239	requires destruction or other disposition for humanitarian
240	reasons or is of no commercial value.
241	2.3.  The court, upon proof of costs incurred by the
242	officer or agent or officer, the court may require that the
243	owner pay for the care of the animal while in the custody of the
244	officer or agent or officer. A separate hearing may be held.
245	3.4.  The court may order that other animals that are in
246	the custody of the owner and that were not seized by the officer
247	or agent be turned over to the officer or agent, if the court
248	determines that the owner is unable or unfit to adequately
249	provide for the animals. The court may enjoin the owner's
250	further possession or custody of other animals.
251	Section 4.  Effective October 1, 2010, section (1) of
252	section 828.125, Florida Statutes, is amended to read:
253	828.125  Killing or aggravated abuse of registered breed
254	horses or cattle; offenses; penalties.-Any other provisions of
255	this chapter to the contrary notwithstanding:
256	(1)  Any person who willfully and unlawfully, by any means
257	whatsoever, kills, maims, mutilates, or causes great bodily harm
258	or permanent breeding disability to any animal of the genus
259	Equus (horse) or any animal of any registered breed or
260	recognized registered hybrid of the genus Equus (horse) or genus
261	Bos (cattle) commits, or any recognized registered hybrid of the
262	specified genera, shall be guilty of a felony of the second
263	degree, punishable as provided by s. 775.082, s. 775.083, or s.
264	775.084, except that any person who commits a violation of this
265	subsection shall be sentenced to a minimum mandatory fine of
266	$3,500 and a minimum mandatory period of incarceration of 1
267
268	Section 5.  Except as otherwise expressly provided in this
269	act, act shall take effect July 1, 2010.

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