Florida Senate - 2017                             CS for SB 1270
       
       
        
       By the Committee on Judiciary; and Senator Young
       
       
       
       
       
       590-02442-17                                          20171270c1
    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) The owner of a pet may bring an action for the recovery
   16  of damages arising out of the injury or death of the owner’s pet
   17  and in any such action brought by the owner, the defendant is
   18  liable for:
   19         (a) Monetary losses for reasonable and necessary veterinary
   20  care of the pet due to the injury or death of the pet.
   21         (b) Monetary loss in the fair market value of the pet due
   22  to the injury or death of the pet.
   23         (c) If the injury or death of the pet was caused by the
   24  gross negligence of the defendant, noneconomic damages of up to
   25  $5,000 for the loss of the reasonably expected companionship,
   26  love, and affection of the pet.
   27         (3) Limits for noneconomic damages under paragraph (2)(c)
   28  do not apply to causes of action for intentional infliction of
   29  emotional distress or any other civil action other than the
   30  direct and sole loss of a pet.
   31         (4) This section does not apply to:
   32         (a) Any veterinarian licensed under chapter 474, Florida
   33  Statutes.
   34         (b) Any nonprofit entity or governmental agency or their
   35  employees negligently causing the death of a pet while acting on
   36  the behalf of public health or animal welfare.
   37         (c) Any killing of a dog that is killing or worrying
   38  livestock as defined in s. 588.13, Florida Statutes.
   39         Section 2. This act shall take effect July 1, 2017. 
   40