Florida Senate - 2016                                     SB 200
       
       
        
       By Senator Hukill
       
       
       
       
       
       8-00171-16                                             2016200__
    1                        A bill to be entitled                      
    2         An act relating to animals confined in unattended
    3         motor vehicles; providing a short title; creating s.
    4         828.075, F.S.; defining terms; prohibiting a person
    5         from confining an animal in an unattended motor
    6         vehicle under certain circumstances; providing a
    7         criminal penalty; providing that authorized
    8         individuals may use reasonable force to remove animals
    9         under certain circumstances; providing an exemption
   10         from liability for authorized individuals; providing
   11         an exception for the transportation of agricultural
   12         animals; providing that the act does not preclude
   13         prosecution under any other law; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. This act may be cited as the “Protecting Animal
   19  Welfare and Safety Act” or “P.A.W.S. Act”.
   20         Section 2. Section 828.075, Florida Statutes, is created to
   21  read:
   22         828.075 Animals in unattended motor vehicles.—
   23         (1) As used in this section, the term:
   24         (a) “Authorized individual” means a law enforcement
   25  officer, an animal control officer, a firefighter, or a first
   26  responder or any individual who has contacted the local law
   27  enforcement agency, fire department, or 911 operator and has
   28  been instructed by such entity to use reasonable force to remove
   29  an animal from a motor vehicle pursuant to this section.
   30         (b) “Motor vehicle” has the same meaning as provided in s.
   31  316.003.
   32         (2) A person who intentionally, knowingly, or recklessly
   33  confines an animal in an unattended motor vehicle under
   34  conditions that endanger the health or well-being of the animal
   35  due to heat, cold, lack of adequate ventilation, lack of food or
   36  water, or other circumstances that could reasonably be expected
   37  to cause suffering, disability, or death of the animal commits a
   38  misdemeanor of the first degree, punishable as provided in s.
   39  775.082 or s. 775.083.
   40         (3) After a reasonable effort to locate the person
   41  responsible for the animal, an authorized individual may use
   42  whatever means are reasonably necessary, including, but not
   43  limited to, breaking into the motor vehicle, to remove the
   44  animal if the animal appears to be in immediate danger from
   45  heat, cold, lack of adequate ventilation, lack of food or water,
   46  or other circumstances that could reasonably be expected to
   47  cause suffering, disability, or death of the animal.
   48         (4) An authorized individual who removes an animal from a
   49  motor vehicle pursuant to this section:
   50         (a) Must leave a written notice in a secure and conspicuous
   51  location on or within the motor vehicle bearing his or her name
   52  and office, and the address of the location where the animal can
   53  be claimed;
   54         (b) Shall take the animal to an animal shelter or other
   55  place of safekeeping or, if deemed necessary, to a veterinary
   56  hospital for treatment; and
   57         (c) May not be held criminally or civilly liable for
   58  actions taken while carrying out the provisions of this section.
   59         (5) This section does not prohibit the transportation of
   60  horses, cattle, pigs, sheep, poultry, or other agricultural
   61  animals in motor vehicles designed to transport such animals for
   62  agricultural purposes.
   63         (6) This section does not preclude prosecution for a
   64  criminal act under any other law, including, but not limited to,
   65  prosecution under s. 828.12.
   66         Section 3. This act shall take effect July 1, 2016.