Florida Senate - 2017                                    SB 1270
       
       
        
       By Senator Young
       
       
       
       
       
       18-01647B-17                                          20171270__
    1                        A bill to be entitled                      
    2         An act relating to compensatory damages for injury or
    3         death of a pet; providing a definition; specifying
    4         liability for compensatory damages for the injury or
    5         death of a pet; providing applicability; providing an
    6         effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Liability for compensatory damages for injury or
   11  death of pet.—
   12         (1) As used in this section, the term “pet” means a
   13  domesticated dog or cat normally maintained in or near the
   14  household of its owner.
   15         (2) In any action for the recovery of damages arising out
   16  of the injury or death of a pet, the defendant is liable for:
   17         (a) Monetary losses for reasonable and necessary veterinary
   18  care of the pet due to the injury or death of the pet.
   19         (b) Monetary loss in the fair market value of the pet due
   20  to the injury or death of the pet.
   21         (c) If the injury or death of the pet was caused by the
   22  gross negligence of the defendant, noneconomic damages of up to
   23  $5,000 for the loss of the reasonably expected companionship,
   24  love, and affection of the pet.
   25         (3) Limits for noneconomic damages under paragraph (2)(c)
   26  do not apply to causes of action for intentional infliction of
   27  emotional distress or any other civil action other than the
   28  direct and sole loss of a pet.
   29         (4) This section does not apply to:
   30         (a) Any veterinarian licensed under chapter 474, Florida
   31  Statutes.
   32         (b) Any nonprofit entity or governmental agency or their
   33  employees negligently causing the death of a pet while acting on
   34  the behalf of public health or animal welfare.
   35         (c) Any killing of a dog that is killing or worrying
   36  livestock as defined in s. 588.13, Florida Statutes.
   37         Section 2. This act shall take effect July 1, 2017. 
   38