House Bill 0989

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    Florida House of Representatives - 2000                 HB 989

        By Representatives Levine and Frankel






  1                      A bill to be entitled

  2         An act relating to animal enterprises; amending

  3         s. 828.40, F.S.; renaming the Florida Animal

  4         Enterprise Protection Act as the Florida Animal

  5         Enterprise Act; amending s. 828.41, F.S.;

  6         revising the definition of "animal enterprise";

  7         creating s. 828.44, F.S.; prohibiting the

  8         harmful or abusive treatment of any elephant;

  9         defining harmful or abusive acts or behavior;

10         prohibiting specified restraint or confinement

11         of an elephant; providing an exception;

12         prohibiting knowingly making an elephant

13         available to be ridden during a circus or

14         traveling show; prohibiting the importation

15         into the state of an elephant under specified

16         circumstances; providing exceptions;

17         prohibiting the use of an elephant in a circus

18         or traveling show under certain circumstances;

19         prohibiting the transport of specified

20         elephants; providing penalties; providing

21         requirements for circuses or traveling shows

22         operating within the state; requiring the

23         development of a written protocol; providing

24         for the keeping of specified records; providing

25         a penalty for violation; providing an effective

26         date.

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28  Be It Enacted by the Legislature of the State of Florida:

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30         Section 1.  Section 828.40, Florida Statutes, is

31  amended to read:

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    Florida House of Representatives - 2000                 HB 989

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  1         828.40  Short title.--Sections 828.40-828.44

  2  828.40-828.43 may be cited as the "Florida Animal Enterprise

  3  Protection Act."

  4         Section 2.  Subsection (1) of section 828.41, Florida

  5  Statutes, is amended to read:

  6         828.41  Definitions.--As used in ss. 828.40-828.44

  7  828-40-828.43, the term:

  8         (1)  "Animal enterprise" means:

  9         (a)  A commercial or academic enterprise that uses

10  animals for food or fiber production, agriculture, research,

11  or testing;

12         (b)  A zoo, aquarium, circus, traveling show, rodeo, or

13  lawful competitive animal event; or

14         (c)  Any fair or similar event intended to advance

15  agricultural arts and sciences.

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17  For purposes of this section, "circus" or "traveling show"

18  means a circus or traveling show that spends more than 50

19  percent of its working time during a calendar year away from

20  its permanent facility or home base of operation.

21         Section 3.  Section 828.44, Florida Statutes, is

22  created to read:

23         828.44  Humane treatment and handling of elephants;

24  restrictions on use of elephants in circuses or traveling

25  shows; penalties.--

26         (1)  No person who owns, possesses, or is in charge of

27  an elephant shall engage in any act or behavior that is

28  harmful or abusive to an elephant or any act or behavior

29  which, if continued, would likely cause harm or abuse to an

30  elephant. For the purposes of this section, "harmful or

31  abusive acts or behaviors" include, but are not limited to:

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    Florida House of Representatives - 2000                 HB 989

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  1         (a)  Deprivation of food, water, or rest.

  2         (b)  Use of an electric prod or other electrical device

  3  for the purpose of disciplining an elephant. This paragraph

  4  does not apply to the use of electrical fencing for the

  5  purpose of containing an elephant.

  6         (c)  Physical beating.

  7         (d)  Insertion of any instrument into any bodily

  8  orifice.

  9         (e)  Use of martingales.

10         (f)  Use of block and tackle.

11         (2)  No person shall restrain or confine an elephant

12  with chains for more than 8 hours in any 24-hour period,

13  except that an elephant may be restrained or confined with

14  chains for more than 8 hours in any 24-hour period when

15  veterinary care is being administered.

16         (3)  No person shall knowingly make available any

17  elephant for the purpose of allowing an individual or

18  individuals to ride the elephant during a circus or traveling

19  show.

20         (4)  No person shall import into the state any live

21  elephant as part of a circus or traveling show unless the

22  elephant will reside in the state for more than 300 days in

23  the calendar year. This subsection shall not apply to the

24  importation into the state of any elephant for use in a

25  theatrical motion picture or television series.

26         (5)  No elephant may be used in a circus or traveling

27  show which requires the confinement of the elephant in a truck

28  or rail car for more than 36 consecutive hours during a

29  calendar year.

30         (6)  No elephant under 6 years of age may be used in a

31  circus or traveling show for performance or exhibition.

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    Florida House of Representatives - 2000                 HB 989

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  1         (7)  No elephant in a circus or traveling show may be

  2  transported for purposes of performance or exhibition when the

  3  elephant is determined to be sick, lame, or arthritic. It

  4  shall be the duty of the owner or director of a circus or

  5  traveling show, or the person employed by the circus or

  6  traveling show to be in charge of the handling and maintenance

  7  of elephants, to remove any elephant exhibiting signs of

  8  illness or stress from performance, exhibition, and travel

  9  duties associated with the circus or traveling show.

10         (8)  A person who violates the provisions of this

11  section commits a misdemeanor of the first degree, punishable

12  as provided in s. 775.082 or s. 775.083. Upon a second or

13  subsequent conviction for a violation of this section, such

14  person commits a felony of the third degree, punishable as

15  provided in s. 775.082, s. 775.083, or s. 775.084.

16         (9)  Each circus or traveling show operating within the

17  state must develop a written protocol that specifically

18  addresses all policies related to the humane management and

19  handling of any elephant owned or used by the circus or

20  traveling show.

21         (a)  The owner or director of a circus or traveling

22  show operating within the state shall:

23         1.  Conduct a semiannual review of the policies

24  developed pursuant to this section.

25         2.  Inspect and make an assessment of the physical

26  facility in which any elephant is kept.

27         3.  Make an assessment of the safety measures used in

28  the handling and maintenance of any elephant.

29         4.  Based on the assessment pursuant to subparagraph

30  3., identify and fully implement any needed corrective

31  measures.

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    Florida House of Representatives - 2000                 HB 989

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  1         5.  Obtain, on a weekly basis, drug tests from all

  2  elephant handlers and elephant keepers employed by the circus

  3  or traveling show and submit such tests to the Department of

  4  Agriculture and Consumer Services.

  5         (b)  Each owner or director of a circus or traveling

  6  show operating within the state is required to keep written

  7  records of compliance with the provisions of this subsection.

  8  Such records shall be kept for a period of not less than 2

  9  years and shall be available for inspection during normal

10  business hours by the Department of Agriculture and Consumer

11  Services, its authorized agents, or appropriate law

12  enforcement officials. A person who violates the provisions of

13  this paragraph commits a misdemeanor of the third degree,

14  punishable as provided in s. 775.082 or s. 775.083.

15         Section 4.  This act shall take effect upon becoming a

16  law.

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    Florida House of Representatives - 2000                 HB 989

    707-117A-00






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  2                          HOUSE SUMMARY

  3
      Renames the Florida Animal Enterprise Protection Act as
  4    the Florida Animal Enterprise Act. Revises the definition
      of "animal enterprise." Prohibits the harmful or abusive
  5    treatment of any elephant and defines "harmful or abusive
      acts or behaviors" for purposes of the act. Prohibits
  6    restraint or confinement of an elephant with chains for
      more than 8 hours in any 24-hour period and provides an
  7    exception. Prohibits making an elephant available to be
      ridden during a circus or traveling show and provides
  8    penalties. Prohibits the importation into the state of an
      elephant unless the elephant will reside in the state for
  9    more than 300 days in the calendar year. Provides
      exceptions and penalties. Prohibits the use of an
10    elephant in a circus or traveling show which requires the
      confinement of the elephant in a truck or rail car for
11    more than 36 consecutive hours during a calendar year.
      Prohibits the use of an elephant under 6 years of age for
12    performance or exhibition. Prohibits the transport of an
      elephant determined to be sick, lame, or arthritic for
13    purposes of performance or exhibition. Provides penalties
      for violation. Provides requirements for circuses or
14    traveling shows operating within the state with respect
      to the humane management and handling of elephants.
15    Requires the development of a written protocol. Provides
      for the keeping of specified records. Provides a third
16    degree felony penalty for violation.

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