Florida Senate - 2018                                    SB 1376
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01576-18                                           20181376__
    1                        A bill to be entitled                      
    2         An act relating to emergency evacuation of domestic
    3         companion and service animals; creating s. 828.131,
    4         F.S.; providing definitions; prohibiting certain
    5         persons from leaving a domestic companion animal or
    6         service animal outdoors and unattended when an area is
    7         under an evacuation order; specifying alternatives if
    8         such an animal cannot be evacuated with the owner;
    9         providing penalties; providing construction; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 828.131, Florida Statutes, is created to
   15  read:
   16         828.131 Emergency evacuation of domestic animals.—
   17         (1) As used in this section, the term:
   18         (a) “Domestic companion animal” means any animal commonly
   19  referred to as a household pet that was bought, adopted, bred,
   20  raised, or otherwise acquired, in accordance with local
   21  ordinances and state and federal law, for the primary purpose of
   22  providing companionship, rather than for business or
   23  agricultural purposes. The term does not include animals of an
   24  “animal enterprise” as defined in s. 828.41 or “livestock” as
   25  defined in s. 585.01.
   26         (b) “Service animal” has the same meaning as provided in s.
   27  413.08.
   28         (2) It is unlawful for a person who is the owner or
   29  possessor of, or has charge or custody of, a domestic companion
   30  animal or service animal to knowingly and intentionally leave
   31  the animal outdoors and unattended when an evacuation of the
   32  area has been ordered by state or local authorities due to
   33  weather or other emergency conditions. If possible, such
   34  domestic companion animal or service animal shall be evacuated
   35  with the animal’s owner or other person who has possession,
   36  custody, or charge of the animal. If evacuation with such a
   37  person is not an option, the domestic companion animal or
   38  service animal shall be:
   39         (a) Delivered to a licensed kennel, shelter, or pound,
   40  temporary animal shelter established for the purposes of the
   41  emergency, or other suitable animal care facility established by
   42  law enforcement, animal control, or an animal welfare
   43  organization; or
   44         (b) Secured in an indoor area that is as protective of the
   45  animal as possible under the circumstances and provides proper
   46  shelter according to state and local laws.
   47         (3) A person who violates this section commits a
   48  noncriminal violation, punishable as provided in s. 775.083.
   49         (4) This section does not revoke a person’s lawful
   50  ownership, possession, charge, or custody of a domestic
   51  companion animal or service animal, nor does this section affect
   52  the authority of any law enforcement officer, any animal control
   53  officer certified pursuant to s. 828.27, or any agent of any
   54  county or of any society or association for the prevention of
   55  cruelty to animals appointed under s. 828.03 to aid or take
   56  custody of any animal found in distress, as provided in s.
   57  828.073.
   58         Section 2. This act shall take effect July 1, 2018.