Florida Senate - 2019                                     SB 774
       By Senator Gruters
       23-00559C-19                                           2019774__
    1                        A bill to be entitled                      
    2         An act relating to animal welfare; amending s.
    3         474.2165, F.S.; authorizing a veterinarian to report
    4         criminal violations to certain officers and agents
    5         without notice to or authorization from a client;
    6         creating s. 725.09, F.S.; providing that certain
    7         contracts entered into on or after a specified date
    8         for the sale or lease of dogs and cats are void and
    9         unenforceable; providing remedies for noncompliance;
   10         providing an exception for contracts for the repayment
   11         of unsecured loans; amending s. 741.30, F.S.;
   12         authorizing a court to take certain actions regarding
   13         the care, custody, possession, or control of an animal
   14         in domestic violence actions; amending s. 828.058,
   15         F.S.; requiring an employee or agent of a public or
   16         private agency, animal shelter, or other animal
   17         collection facility to complete specified continuing
   18         education to retain certification to perform
   19         euthanasia beginning on a specified date; requiring
   20         the curriculum to be approved by the Board of
   21         Veterinary Medicine; deleting obsolete language;
   22         amending s. 828.29, F.S.; requiring county-operated or
   23         city-operated animal control agencies and registered
   24         nonprofit humane organizations to meet certain
   25         Department of Agriculture and Consumer Services’
   26         animal import requirements; providing an effective
   27         date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Subsection (4) of section 474.2165, Florida
   32  Statutes, is amended to read:
   33         474.2165 Ownership and control of veterinary medical
   34  patient records; report or copies of records to be furnished.—
   35         (4)(a) Except as otherwise provided in this section, a
   36  veterinarian may not furnish written patient medical such
   37  records may not be furnished to, and may not discuss the medical
   38  condition of a patient may not be discussed with, any person
   39  other than the client or the client’s legal representative or
   40  other veterinarians involved in the care or treatment of the
   41  patient, unless the veterinarian has received except upon
   42  written authorization from of the client. However, such records
   43  may be furnished without written authorization under the
   44  following circumstances:
   45         1.(a) To any person, firm, or corporation that has procured
   46  or furnished such examination or treatment with the client’s
   47  consent.
   48         2.(b) In any civil or criminal action, unless otherwise
   49  prohibited by law, upon the issuance of a subpoena from a court
   50  of competent jurisdiction and proper notice to the client or the
   51  client’s legal representative by the party seeking such records.
   52         3.(c) For statistical and scientific research, provided the
   53  information is abstracted in such a way as to protect the
   54  identity of the patient and the client, or provided written
   55  permission is received from the client or the client’s legal
   56  representative.
   57         (b)If a criminal violation is suspected, a veterinarian
   58  may, without notice to or authorization from the client, report
   59  the violation to a law enforcement officer, an animal control
   60  officer who is certified pursuant to s. 828.27(4)(a), or an
   61  agent appointed under s. 828.03. The report may not include
   62  written medical records except upon the issuance of an order
   63  from a court of competent jurisdiction.
   64         Section 2. Section 725.09, Florida Statutes, is created to
   65  read:
   66         725.09 Sale of dogs and cats; lease contracts and dogs and
   67  cats as collateral.—
   68         (1) A contract entered into on or after July 1, 2019, to do
   69  any of the following is void and unenforceable:
   70         (a) Transfer ownership of a dog or cat, if ownership is
   71  contingent upon the making of payments over a period of time
   72  subsequent to the transfer of possession of the dog or cat.
   73         (b) Transfer ownership of a dog or cat at the end of a
   74  lease term.
   75         (c) Repay a loan for the purchase of a dog or cat, if a
   76  security interest is granted in the dog or cat purchased.
   77         (2) In addition to any other remedies provided by law, the
   78  consumer taking possession of a dog or cat transferred under a
   79  contract described in subsection (1) is the owner of the dog or
   80  cat and is entitled to the return of all amounts the consumer
   81  paid under the contract.
   82         (3) This section does not apply to contracts for payments
   83  to repay an unsecured loan for the purchase of a dog or cat.
   84         Section 3. Paragraphs (a) and (c) of subsection (6) of
   85  section 741.30, Florida Statutes, are amended to read:
   86         741.30 Domestic violence; injunction; powers and duties of
   87  court and clerk; petition; notice and hearing; temporary
   88  injunction; issuance of injunction; statewide verification
   89  system; enforcement; public records exemption.—
   90         (6)(a) Upon notice and hearing, when it appears to the
   91  court that the petitioner is either the victim of domestic
   92  violence as defined by s. 741.28 or has reasonable cause to
   93  believe he or she is in imminent danger of becoming a victim of
   94  domestic violence, the court may grant such relief as the court
   95  deems proper, including an injunction:
   96         1. Restraining the respondent from committing any acts of
   97  domestic violence.
   98         2. Awarding to the petitioner the exclusive use and
   99  possession of the dwelling that the parties share or excluding
  100  the respondent from the residence of the petitioner.
  101         3. On the same basis as provided in chapter 61, providing
  102  the petitioner with 100 percent of the time-sharing in a
  103  temporary parenting plan that remains in effect until the order
  104  expires or an order is entered by a court of competent
  105  jurisdiction in a pending or subsequent civil action or
  106  proceeding affecting the placement of, access to, parental time
  107  with, adoption of, or parental rights and responsibilities for
  108  the minor child.
  109         4. On the same basis as provided in chapter 61,
  110  establishing temporary support for a minor child or children or
  111  the petitioner. An order of temporary support remains in effect
  112  until the order expires or an order is entered by a court of
  113  competent jurisdiction in a pending or subsequent civil action
  114  or proceeding affecting child support.
  115         5. Ordering the respondent to participate in treatment,
  116  intervention, or counseling services to be paid for by the
  117  respondent. When the court orders the respondent to participate
  118  in a batterers’ intervention program, the court, or any entity
  119  designated by the court, must provide the respondent with a list
  120  of batterers’ intervention programs from which the respondent
  121  must choose a program in which to participate.
  122         6. Referring a petitioner to a certified domestic violence
  123  center. The court must provide the petitioner with a list of
  124  certified domestic violence centers in the circuit which the
  125  petitioner may contact.
  126         7. Granting the petitioner exclusive care, custody,
  127  possession, or control of an animal owned, possessed, harbored,
  128  kept, or held by the petitioner, the respondent, or a minor
  129  child residing in the residence or household of the petitioner
  130  or the respondent; ordering the respondent to have no contact
  131  with the animal; and enjoining the respondent from interfering
  132  with the custody, transferring, encumbering, concealing,
  133  harming, or otherwise disposing of the animal.
  134         8.7. Ordering such other relief as the court deems
  135  necessary for the protection of a victim of domestic violence,
  136  including injunctions or directives to law enforcement agencies,
  137  as provided in this section.
  138         (c) The terms of an injunction restraining the respondent
  139  under subparagraph (a)1. or ordering other relief for the
  140  protection of the victim under subparagraph (a)8. subparagraph
  141  (a)7. shall remain in effect until modified or dissolved. Either
  142  party may move at any time to modify or dissolve the injunction.
  143  No specific allegations are required. Such relief may be granted
  144  in addition to other civil or criminal remedies.
  145         Section 4. Subsection (4) of section 828.058, Florida
  146  Statutes, is amended to read:
  147         828.058 Euthanasia of dogs and cats.—
  148         (4)(a) Euthanasia may shall be performed only by:
  149         1. A licensed veterinarian; or
  150         2. An employee or agent of a public or private agency,
  151  animal shelter, or other facility that is operated for the
  152  collection and care of stray, neglected, abandoned, or unwanted
  153  animals, if provided the employee or agent has successfully
  154  completed a 16-hour euthanasia technician certification course.
  155         (b) Beginning January 1, 2020, a certified employee or
  156  agent authorized to perform euthanasia under subparagraph (a)2.
  157  must complete 4 hours of continuing education every 2 years to
  158  remain certified.
  159         (c)The curriculum for such course must be approved by The
  160  Board of Veterinary Medicine must approve the curriculum for the
  161  required initial certification and continuing education
  162  requirements under this subsection. The curriculum and must
  163  include, at a minimum, the pharmacology, proper administration,
  164  and storage of euthanasia solutions; federal and state laws
  165  regulating the storage and accountability of euthanasia
  166  solutions; euthanasia technician stress management; and proper
  167  disposal of euthanized animals. The continuing education course
  168  may include any of the topics covered in the initial
  169  certification course An employee or agent performing euthanasia
  170  before October 1, 1993, must obtain certification by October 1,
  171  1994.
  172         (d) An employee or agent who begins performing euthanasia
  173  on or after October 1, 1993, must obtain certification before
  174  performing any euthanasia. However, a certified veterinarian
  175  technician who is an employee or agent as described in this
  176  defined in the subsection, may perform euthanasia without
  177  completing the certification course required by this subsection.
  178         (e) Euthanasia must be performed in a humane and proficient
  179  manner.
  180         (f)(b)A No dog or cat may not be left unattended between
  181  the time euthanasia procedures are first begun and the time
  182  death occurs, nor may its body be disposed of until death is
  183  confirmed by a qualified person.
  184         Section 5. Subsection (15) of section 828.29, Florida
  185  Statutes, is amended to read:
  186         828.29 Dogs and cats transported or offered for sale;
  187  health requirements; consumer guarantee.—
  188         (15) County-operated or city-operated animal control
  189  agencies and registered nonprofit humane organizations are
  190  exempt from this section; however, such agencies and
  191  organizations are not exempt from the requirements of s.
  192  585.145(2).
  193         Section 6. This act shall take effect July 1, 2019.