Florida Senate - 2017                                     SB 690
       
       
        
       By Senator Baxley
       
       12-00184A-17                                           2017690__
    1                        A bill to be entitled                      
    2         An act relating to domestic animals; providing a short
    3         title; creating s. 768.1392, F.S.; providing
    4         definitions; specifying liability for compensatory
    5         damages for the injury or death of a domestic animal;
    6         providing applicability; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. This act may be cited as the “Florida Domestic
   11  Animal Recovery Act.”
   12         Section 2. Section 768.1392, Florida Statutes, is created
   13  to read:
   14         768.1392 Liability for compensatory damages for injury or
   15  death of domestic animals.—
   16         (1) As used in this section, the term:
   17         (a) “Damages” has the same applicability as provided in s.
   18  768.71(1).
   19         (b) “Domestic animal” means any equine or bovine animal,
   20  goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu,
   21  rhea, or other domesticated beast or bird.
   22         (c) “Noneconomic damages” means nonmonetary losses,
   23  including, but not limited to, inconvenience, pain and
   24  suffering, or mental or emotional pain or anguish, or loss of
   25  sentimental value, love and affection, comfort, companionship,
   26  or enjoyment.
   27         (2) In any action for the recovery of damages arising out
   28  of the injury or death of a domestic animal, the defendant:
   29         (a) Is subject to liability for objectively verifiable
   30  monetary losses for reasonable and necessary veterinary care of
   31  the domestic animal due to the injury or death of the animal.
   32         (b) Is subject to liability for objectively verifiable
   33  monetary loss in the fair market value of the domestic animal
   34  due to the injury or death of the animal.
   35         (c) Is not subject to liability for noneconomic damages.
   36         (3) This section does not create a public or private cause
   37  of action.
   38         Section 3. This act shall take effect July 1, 2017.