Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1738
       
       
       
       
       
       
                                Ì493660*Î493660                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2019           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Agriculture (Gruters) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 474.2165, Florida
    6  Statutes, is amended to read:
    7         474.2165 Ownership and control of veterinary medical
    8  patient records; report or copies of records to be furnished.—
    9         (4) Except as otherwise provided in this section, a
   10  veterinarian may not furnish written patient medical such
   11  records may not be furnished to, and may not discuss the medical
   12  condition of a patient may not be discussed with, any person
   13  other than the client or the client’s legal representative or
   14  other veterinarians involved in the care or treatment of the
   15  patient, unless the veterinarian has received except upon
   16  written authorization of the client. However, such records may
   17  be furnished without written authorization under the following
   18  circumstances:
   19         (a) To any person, firm, or corporation that has procured
   20  or furnished such examination or treatment with the client’s
   21  consent.
   22         (b) In any civil or criminal action, unless otherwise
   23  prohibited by law, upon the issuance of a subpoena from a court
   24  of competent jurisdiction and proper notice to the client or the
   25  client’s legal representative by the party seeking such records.
   26         (c)In any criminal action or a situation where a
   27  veterinarian suspects a criminal violation. If criminal
   28  violation is suspected, a veterinarian may, without notice to or
   29  authorization from the client, discuss the condition of the
   30  patient with and report the violation to a law enforcement
   31  officer, an animal control officer who is certified pursuant to
   32  s. 828.27(4)(a), or an agent appointed under s. 828.03. However,
   33  if a suspected violation occurs on a commercial food-producing
   34  animal operation on land classified as agricultural under s.
   35  193.461, the veterinarian must provide notice to the client or
   36  the client’s legal representative before reporting the suspected
   37  violation to an officer or agent under this paragraph. The
   38  report may not include written medical records except upon the
   39  issuance of an order from a court of competent jurisdiction.
   40         (d)(c) For statistical and scientific research, provided
   41  the information is abstracted in such a way as to protect the
   42  identity of the patient and the client, or provided written
   43  permission is received from the client or the client’s legal
   44  representative.
   45         Section 2. Present subsection (6) of section 828.12,
   46  Florida Statutes, is redesignated as subsection (7), and a new
   47  subsection (6) is added to that section, to read:
   48         828.12 Cruelty to animals.—
   49         (6) A person who leaves a dog outside and unattended by use
   50  of a restraint during a manmade disaster or a natural disaster
   51  commits animal cruelty, a misdemeanor of the first degree,
   52  punishable as provided in s. 775.082 or by a fine of not more
   53  than $5,000, or both. As used in this subsection, the term:
   54         (a)“Manmade disaster” means a situation in which a person
   55  has received notice from a local or governmental authority that
   56  an event attributed in part or entirely to human intent, error,
   57  or negligence, or involving the failure of a manmade system,
   58  which results in significant damage has occurred, is occurring,
   59  or may soon occur in the person’s vicinity.
   60         (b) “Natural disaster” means a situation in which a
   61  hurricane, tropical storm, or tornado warning has been issued
   62  for a municipality or a county by the National Weather Service,
   63  or the municipality or county is under a mandatory or voluntary
   64  evacuation order.
   65         (c) “Restraint” means a chain, rope, tether, leash, cable,
   66  or other device that attaches a dog to a stationary object or
   67  trolley system.
   68         Section 3. Section 828.261, Florida Statutes, is created to
   69  read:
   70         828.261 Ongoing horse care covenants.—
   71         (1)Notwithstanding any other provision of law, a contract
   72  for the sale of a horse may include a covenant for the
   73  continuing care of the horse, subject to the following
   74  provisions:
   75         (a)The obligations under the covenant may be provided by a
   76  third party that is obligated to provide services and care to an
   77  animal that is retired from ownership, for an actuarially
   78  appropriate charge, and is not subject to chapter 624.
   79         (b)A covenant is valid and annexed to the horse, runs with
   80  the horse, and is binding and enforceable upon the purchaser and
   81  all future subpurchasers.
   82         (c)A covenant must require notice, in writing, before
   83  purchase of any subsequent purchaser and must be acknowledged in
   84  writing by all such subsequent purchasers, before consummation
   85  of the purchase of a covered horse.
   86         (d)A covenant may include liquidated damages for failing
   87  to comply with the provisions of the covenant.
   88         (e)A covenant must include allow any owner to retire the
   89  horse into the care and treatment of the third party provider of
   90  services under the covenant.
   91         (2)An owner is not required to include a covenant for the
   92  continuing care of a horse in a contract for the sale of the
   93  horse and a purchaser is not required to purchase a horse that
   94  includes such a covenant.
   95         (3)The Department of Agriculture and Consumer Services may
   96  adopt rules adopting the American Association of Equine
   97  Practitioners care guidelines for equine rescue and retirement
   98  facilities and may include additional standards for the ethical
   99  treatment of horses by third party providers of a covenant for
  100  the continuing care of the horse. The rules must:
  101         (a)Require third party providers to make available a
  102  request hotline during normal business hours to be used by an
  103  owner that voluntarily decides to retire a horse and effectuate
  104  its care under a covenant.
  105         (b)Include provisions for the appropriate diet, shelter,
  106  pasture, and medical care of horses that are retired under this
  107  section.
  108         (c)Allow all prior owners of a horse to have notice of the
  109  retirement of the horse, along with the address where the horse
  110  will be cared for, and the ability to visit the horse during
  111  normal business hours 7 days a week.
  112         (d)Require submission of an actuarial report and evidence
  113  indicating the maintenance of adequate reserves by a third party
  114  provider to adequately care for a horse subject to a covenant
  115  under this section.
  116         (4)This section does not create any covenants that annex
  117  to or travel with any other chattel.
  118         Section 4. This act shall take effect July 1, 2019.
  119  
  120  ================= T I T L E  A M E N D M E N T ================
  121  And the title is amended as follows:
  122         Delete everything before the enacting clause
  123  and insert:
  124                        A bill to be entitled                      
  125         An act relating to animal welfare; amending s.
  126         474.2165, F.S.; authorizing a veterinarian to report
  127         suspected patient criminal violations to certain
  128         officers and agents without notice to or authorization
  129         from a client under specified circumstances; providing
  130         an exception; prohibiting the report from including
  131         written medical records except under certain
  132         circumstances; amending s. 828.12, F.S.; prohibiting a
  133         person from restraining a dog outside and unattended
  134         during a manmade disaster or a natural disaster;
  135         providing a criminal penalty; providing a fine;
  136         defining terms; creating s. 828.261, F.S.; authorizing
  137         a contract for the sale of a horse to include a
  138         covenant for the continuing care of the horse;
  139         providing requirements for such a covenant;
  140         authorizing the Department of Agriculture and Consumer
  141         Services to adopt rules that meet certain
  142         requirements; providing an effective date.