Florida Senate - 2020                                    SB 1044
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-01198-20                                           20201044__
    1                        A bill to be entitled                      
    2         An act relating to animal cruelty; providing a short
    3         title; creating s. 828.124, F.S.; defining the term
    4         “treatment provider”; requiring veterinarians to
    5         report suspected animal cruelty in certain
    6         circumstances; requiring certain persons to report
    7         suspected animal cruelty to a veterinarian; providing
    8         duties for veterinarians; providing immunity from
    9         criminal and civil liability for certain persons and
   10         entities; prohibiting the alteration or destruction of
   11         certain records; providing criminal penalties;
   12         providing enhanced penalties for repeat violations;
   13         amending s. 474.214, F.S.; specifying that failure of
   14         a veterinarian to report suspected animal cruelty is
   15         grounds for discipline; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as “Allie’s Law.”
   20         Section 2. Section 828.124, Florida Statutes, is created to
   21  read:
   22         828.124 Reporting animal cruelty; medical records.—
   23         (1) As used in this section, the term “treatment provider”
   24  includes any animal care facility, animal hospital, private
   25  veterinary practice, animal shelter, veterinary school,
   26  specialized veterinary hospital or any place dogs or cats are
   27  seen for any kind of treatment.
   28         (2) A veterinarian licensed to practice in the state who
   29  knows, or has reasonable cause to suspect, that a dog or cat
   30  showing visible signs of cruelty, as prohibited under s.
   31  828.12(1), has been or is being subjected to animal cruelty by
   32  its owner or under its owner’s care shall report such knowledge
   33  or suspicion within 48 hours after obtaining such knowledge or
   34  suspicion to a local law enforcement or animal control agency
   35  for investigation.
   36         (3) A veterinary technician or an employee or volunteer of
   37  an animal treatment provider, facility, or shelter who during
   38  the normal course of care of a dog or cat knows or has reason to
   39  suspect that a dog or cat showing visible signs of cruelty, as
   40  prohibited under s. 828.12(1), has been or is being subjected to
   41  animal cruelty by its owner or under its owner’s care shall
   42  report within 24 hours to a veterinarian such knowledge or
   43  suspicion, who shall, if the cooperation of the owner or
   44  caretaker is obtained, attempt to examine the dog or cat within
   45  24 hours after notification of suspected cruelty. If the owner
   46  or caretaker refuses to permit a veterinarian to examine a dog
   47  or cat that has been reported to a veterinarian under this
   48  subsection as possibly subjected to animal cruelty, or the
   49  veterinarian is otherwise unable to examine the animal, then the
   50  veterinarian shall report the suspected cruelty to a local law
   51  enforcement or animal control agency for investigation.
   52         (4) A veterinarian, a veterinary technician, or an employee
   53  or volunteer of a treatment provider, facility, or shelter
   54  practicing in this state shall be held harmless from either
   55  criminal or civil liability for any decisions made to report
   56  suspected cruelty. Any such animal treatment provider, facility,
   57  or shelter is immune from all civil liability for any decisions
   58  made to report suspected cruelty and its cooperation with any
   59  related investigation of cruelty to animals.
   60         (5) It is a violation of this section for a veterinary
   61  technician or any employee or volunteer of a veterinary
   62  practice, treatment provider, facility, or shelter to knowingly
   63  alter or destroy an existing medical record for the purpose of
   64  concealing or attempting to conceal cruelty to a dog or cat.
   65         (6)(a) Except as provided in paragraph (b), a person who
   66  violates subsection (5) commits a misdemeanor of the first
   67  degree, punishable as provided in s. 775.082 or s. 775.083.
   68         (b) A person who commits a second or subsequent violation
   69  of subsection (5) commits a felony of the third degree,
   70  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   71         Section 3. Paragraph (qq) is added to subsection (1) of
   72  section 474.214, Florida Statutes, to read:
   73         474.214 Disciplinary proceedings.—
   74         (1) The following acts shall constitute grounds for which
   75  the disciplinary actions in subsection (2) may be taken:
   76         (qq) Failure to report suspected animal cruelty to the
   77  proper authorities.
   78         Section 4. This act shall take effect July 1, 2020.