Florida Senate - 2018                                    SB 1488
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00446A-18                                          20181488__
    1                        A bill to be entitled                      
    2         An act relating to harm to domestic companion animals,
    3         police animals, and service animals; creating s.
    4         768.32, F.S.; providing a short title; providing a
    5         purpose; defining terms; specifying the damages that
    6         may be assessed against a person found liable for
    7         negligently or intentionally causing serious injury to
    8         or the death of a domestic companion animal, police
    9         animal, or service animal; providing for punitive
   10         damages if a certain finding of liability is made;
   11         specifying that only one member of a family may
   12         recover damages; specifying that a court may enter
   13         certain orders to protect such animals from further
   14         harm; providing for the awarding of attorney fees to
   15         the prevailing party; providing for construction;
   16         providing legislative intent; providing an effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 768.32, Florida Statutes, is created to
   22  read:
   23         768.32 Harm to domestic companion animals, police animals,
   24  and service animals.—
   25         (1) This section may be known as the “Boomer Gracie Act.”
   26         (2) The purpose of this section is to establish damages
   27  that are recoverable when a domestic companion animal, police
   28  animal, or service animal has been harmed by negligent,
   29  intentional, reckless, or indifferent conduct, and to establish
   30  the conditions under which recovery is available.
   31         (3) As used in this section, the term:
   32         (a) “Domestic companion animal” means any animal commonly
   33  referred to as a pet which is normally maintained on the
   34  property where the owner or the animal’s caretaker lives and
   35  which has been bought, bred, raised, or otherwise acquired for
   36  the primary purpose of providing companionship to the owner,
   37  rather than for business or agricultural purposes. Such animals
   38  include cats, dogs, birds, horses, pigs, and fully domesticated,
   39  formerly wild, animals such as, but not limited to, skunks,
   40  rats, iguanas, reptiles, amphibians, and fish that are in the
   41  lawful possession of the owner.
   42         (b) “Owner” means the individual who is primarily
   43  responsible for a domestic companion animal, police animal, or
   44  service animal and who has a personal or professional
   45  relationship with the animal. The term includes a nonprofit
   46  entity that trains companion and service animals and a law
   47  enforcement agency that uses such animals in its law enforcement
   48  activities, but does not include a person who is 18 years of age
   49  or younger.
   50         (c) “Police animal” means any dog or other animal trained
   51  and used for state or federal law enforcement activities,
   52  including, but not limited to, bomb detection, drug and
   53  contraband detection, interception, crowd control, guarding, and
   54  tracking.
   55         (d) “Service animal” has the same meaning as in s. 413.08.
   56         (4) A person who is found liable for negligently or
   57  intentionally causing serious injury to or the death of a
   58  domestic companion animal, police animal, or service animal is
   59  accountable to the owner of such animal for damages including,
   60  but not limited to, the following:
   61         (a) Monetary or replacement value of the animal.
   62         (b) Veterinary expenses incurred in treating the animal.
   63         (c) Reimbursement of animal training expenses, including,
   64  but not limited to, the cost of any specialized training for
   65  police animals and service animals.
   66         (d) Burial or cremation expenses.
   67         (e) Loss of breeding potential of the animal.
   68         (f) Loss of companionship.
   69         (g) Punitive damages, if the person is found liable for
   70  recklessly, indifferently, or intentionally causing the serious
   71  injury to or death of the animal.
   72  
   73  If the animal is owned by a family, only one family member may
   74  be considered the owner for the purposes of the recovery of
   75  damages authorized in this subsection.
   76         (5) A court may enter any injunctive or other orders
   77  reasonably necessary to protect the domestic companion animal,
   78  police animal, or service animal from further harm.
   79         (6) The prevailing party in any action under this section
   80  is entitled to reasonable attorney fees and costs.
   81         (7) The remedies provided in this section are in addition
   82  to any other remedies provided by law. This section is not
   83  intended to alter, limit, or supplant any remedies that may be
   84  available in a civil or criminal action relating to the injury
   85  or death of an animal.
   86         Section 2. This act shall take effect July 1, 2018.