Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 48
       
       
       
       
       
       
                                Ì2747700Î274770                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/27/2020           .                                
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       The Committee on Agriculture (Book) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 15
    4  insert:
    5         Section 1. This act may be cited as the “Promoting Ethical
    6  Treatment Act” or “PET Act.”
    7         Section 2. Section 828.52, Florida Statutes, is created to
    8  read:
    9         828.52 Adoption of research animals.—
   10         (1) As used in this section, the term:
   11         (a) “Animal rescue organization” means a nonprofit
   12  charitable organization established primarily to rescue animals
   13  and find adoptive homes for the animals.
   14         (b) “Animal shelter” means a facility operated by a
   15  nonprofit charitable organization established primarily to
   16  shelter and care for stray, homeless, abandoned, or unwanted
   17  animals and find adoptive homes for the animals.
   18         (c) “Department” means the Department of Agriculture and
   19  Consumer Services.
   20         (d) “Research facility” means a facility as defined in the
   21  Animal Welfare Act, 7 U.S.C. s. 2132, that is licensed by or
   22  registered with the United States Department of Agriculture to
   23  conduct experiments on cats or dogs for education, research,
   24  science, or testing purposes.
   25         (e) “Retired animal” means a cat or dog used by a research
   26  facility in experiments conducted for education, research,
   27  science, or testing purposes which is no longer needed for such
   28  purposes.
   29         (2)(a) A research facility or its authorized employee or an
   30  authorized student of an institution of higher education
   31  associated with the research facility shall offer a retired
   32  animal for adoption through an animal rescue organization or
   33  animal shelter or to an individual through an arrangement
   34  between the facility and the individual.
   35         (b) A research facility may not offer a retired animal for
   36  adoption through an animal rescue organization or animal shelter
   37  unless the facility has a written agreement with the
   38  organization or shelter for the transfer of the facility’s
   39  retired animals to the organization or shelter.
   40         (c) A research facility that offers a retired animal for
   41  adoption through an animal rescue organization or animal shelter
   42  or to an individual in good faith and in compliance with this
   43  section and rules adopted pursuant to this section is held
   44  immune from civil liability for the transfer of the retired
   45  animal to the organization, shelter, or individual or for the
   46  adoption of the retired animal by an individual through the
   47  organization or shelter.
   48         (3) This section does not apply to a retired animal with a
   49  substantial medical condition that prevents the animal from
   50  successfully integrating into an adoptive home.
   51         (4) The department shall adopt rules to administer this
   52  section.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete line 2
   57  and insert:
   58         An act relating to the ethical treatment of animals;
   59         providing a short title; creating s. 828.52, F.S.;
   60         defining terms; requiring specified research
   61         facilities to offer retired research animals for
   62         adoption; providing requirements for such adoption;
   63         providing immunity from civil liability for such
   64         facilities; providing applicability; directing the
   65         Department of Agriculture and Consumer Services to
   66         adopt rules; creating s.