Florida Senate - 2023 SB 932



By Senator Book





35-01774-23 2023932__
1 A bill to be entitled
2 An act relating to animal welfare; creating s.
3 316.20045, F.S.; prohibiting a person from taking
4 specified actions relating to the transportation of
5 dogs on public roadways; providing requirements for
6 transporting a dog in a motor vehicle or in the open
7 bed of a pickup truck; providing a penalty; amending
8 s. 474.214, F.S.; providing that a veterinarian who
9 performs a prohibited declawing is subject to certain
10 disciplinary actions; creating s. 499.075, F.S.;
11 providing a short title; defining terms; prohibiting a
12 manufacturer from manufacturing, importing for profit,
13 selling, or offering for sale in this state a cosmetic
14 developed or manufactured using cosmetic animal
15 testing conducted or contracted by certain persons or
16 from conducting or contracting for cosmetic animal
17 testing; providing exceptions; providing labeling
18 requirements for specified cosmetics; providing
19 enforcement and civil penalties; creating s. 828.095,
20 F.S.; defining terms; prohibiting a person from
21 performing a declawing on a cat within this state;
22 providing an exception; providing a civil penalty;
23 providing that a veterinarian who performs a
24 prohibited declawing is subject to disciplinary action
25 by the Board of Veterinary Medicine; amending ss.
26 828.12 and 828.126, F.S.; authorizing courts, as a
27 condition of probation, to prohibit persons convicted
28 of certain animal cruelty or sexual activity with an
29 animal violations, respectively, from having certain
30 responsibilities for or associations with an animal;
31 creating s. 828.132, F.S.; providing a short title;
32 defining the term “tether”; prohibiting the tethering
33 of domestic dogs and cats; providing exceptions;
34 providing applicability; providing civil penalties;
35 providing for enforcement; providing construction;
36 creating s. 828.44, F.S.; prohibiting the sale of
37 rabbits in specified locations and during specified
38 months; specifying unlawful acts relating to the sale,
39 offer for sale, and the giving away of as
40 merchandising premiums of certain rabbits; providing
41 requirements for rabbits offered for sale at retail
42 pet stores; requiring retail pet stores to maintain
43 and make available specified records; requiring local
44 authorities to retrieve, return, and place abandoned
45 rabbits in a specified manner; authorizing specified
46 officials to enter retail pet stores and conduct
47 compliance inspections; prohibiting persons from
48 refusing or interfering with such inspections;
49 providing criminal penalties; providing applicability;
50 creating s. 943.0425, F.S.; defining terms; requiring
51 the Department of Law Enforcement to post on its
52 website by a specified date a publicly accessible
53 registry of persons convicted of animal abuse
54 offenses; prohibiting the registry from including
55 certain information; requiring the clerk of the court
56 in each county to forward certain notice of a
57 conviction for an animal abuse offense to the
58 department within a specified timeframe; providing
59 requirements for the registry; requiring the
60 department to remove an abuser’s information from the
61 registry under certain circumstances; specifying
62 requirements for registered abusers; prohibiting
63 specified acts by registered abusers; providing
64 exceptions; authorizing the state to obtain a court
65 order against a registered abuser for specified
66 purposes; providing applicability; prohibiting certain
67 persons and entities from knowingly selling,
68 exchanging, or otherwise transferring the ownership of
69 an animal to a registered abuser; providing
70 exceptions; requiring such persons and entities to
71 take certain steps before selling, exchanging, or
72 transferring ownership of animals; requiring the
73 maintenance of specified records; requiring the
74 department to provide certain annual notice to
75 specified entities; providing penalties for specified
76 violations; providing construction; providing
77 effective dates.
78
79 Be It Enacted by the Legislature of the State of Florida:
80
81 Section 1. Section 316.20045, Florida Statutes, is created
82 to read:
83 316.20045 Transportation of dogs in motor vehicles.—
84 (1) A person may not:
85 (a) Hold a dog in his or her lap or allow a dog to be in
86 such a position as to interfere with the person’s control over
87 the driving mechanism of a motor vehicle while the person is
88 operating the motor vehicle on a public roadway.
89 (b) Ride with a dog positioned in front of him or her while
90 the person is operating a motorcycle on a public roadway.
91 (c) Allow a dog to extend its head or any other body part
92 outside a motor vehicle window while the person is operating the
93 motor vehicle on a public roadway.
94 (d) Transport a dog at any time on the running board,
95 fender, hood, or roof of a motor vehicle, in the trunk of a
96 motor vehicle, or in an enclosed motor vehicle space intended
97 for cargo.
98 (e) Transport a dog at any time on a trailer that is being
99 towed by a motor vehicle.
100 (2) A dog being transported in a motor vehicle on a public
101 roadway must be:
102 (a) Secured in a crate that is an appropriate size for the
103 dog;
104 (b) Restrained safely with a harness or pet seat belt,
105 other than a neck restraint, designed for use in a motor
106 vehicle; or
107 (c) Under the physical control of a person other than the
108 operator of the motor vehicle.
109 (3) A dog being transported in the open bed of a pickup
110 truck must be restrained by the use of a dog crate that is:
111 (a) Constructed to prevent the dog from escaping;
112 (b) Constructed to allow the dog to have good footing,
113 protection from inclement weather, protection from direct
114 sunlight, and adequate ventilation;
115 (c) Durable and maintained in good condition;
116 (d) Large enough to allow the dog to turn around normally,
117 stand and sit erect, and lie in a natural position; and
118 (e) Secured to the pickup truck.
119 (4) A person who violates this section commits a
120 noncriminal traffic infraction, punishable as a moving violation
121 as provided in chapter 318.
122 Section 2. Paragraph (qq) is added to subsection (1) of
123 section 474.214, Florida Statutes, and subsection (2) of that
124 section is republished, to read:
125 474.214 Disciplinary proceedings.—
126 (1) The following acts shall constitute grounds for which
127 the disciplinary actions in subsection (2) may be taken:
128 (qq) Performing a declawing, as defined in s. 828.095,
129 which is not necessary for a therapeutic purpose, as defined in
130 s. 828.095.
131 (2) When the board finds any applicant or veterinarian
132 guilty of any of the grounds set forth in subsection (1),
133 regardless of whether the violation occurred prior to licensure,
134 it may enter an order imposing one or more of the following
135 penalties:
136 (a) Denial of certification for examination or licensure.
137 (b) Revocation or suspension of a license.
138 (c) Imposition of an administrative fine not to exceed
139 $5,000 for each count or separate offense.
140 (d) Issuance of a reprimand.
141 (e) Placement of the veterinarian on probation for a period
142 of time and subject to such conditions as the board may specify,
143 including requiring the veterinarian to attend continuing
144 education courses or to work under the supervision of another
145 veterinarian.
146 (f) Restricting the authorized scope of practice.
147 (g) Imposition of costs of the investigation and
148 prosecution.
149 (h) Requiring the veterinarian to undergo remedial
150 education.
151
152 In determining appropriate action, the board must first consider
153 those sanctions necessary to protect the public. Only after
154 those sanctions have been imposed may the disciplining authority
155 consider and include in its order requirements designed to
156 rehabilitate the veterinarian. All costs associated with
157 compliance with any order issued under this subsection are the
158 obligation of the veterinarian.
159 Section 3. Section 499.075, Florida Statutes, is created to
160 read:
161 499.075 Cosmetic animal testing.—
162 (1) SHORT TITLE.—This section may be cited as the “Humane
163 Cosmetics Act.”
164 (2) DEFINITIONS.—For the purposes of this section, the
165 term:
166 (a) “Cosmetic” means any article intended to be rubbed,
167 poured, sprinkled, or sprayed on, introduced into, or otherwise
168 applied to the human body or any part thereof for cleansing,
169 beautifying, promoting attractiveness, or altering the
170 appearance, including, but not limited to, personal hygiene
171 products such as deodorant, shampoo, or conditioner.
172 (b) “Cosmetic animal testing” means the internal or
173 external application of a cosmetic in its final form or any
174 ingredient used in the formulation of such cosmetic to the skin,
175 eyes, or other body part of a live, nonhuman vertebrate.
176 Reviewing, assessing, or retaining evidence from a cosmetic
177 animal test does not constitute developing or manufacturing a
178 cosmetic using animal testing for purposes of this section.
179 (c) “Ingredient” means any single chemical entity or
180 mixture used as a component in the manufacture of a cosmetic
181 product.
182 (d) “Manufacturer” means any person whose name appears on
183 the label of a cosmetic pursuant to the requirements of 21
184 C.F.R. s. 701.12 as those requirements existed on July 1, 2023.
185 (e) “Supplier” means an entity that supplies, directly or
186 through a third party, any ingredient used in the formulation of
187 a manufacturer’s cosmetic.
188 (3) PROHIBITION.—Except as provided in subsection (4), a
189 manufacturer may not perform any of the following acts in this
190 state:
191 (a) Manufacture, import for profit, sell, or offer for sale
192 a cosmetic developed or manufactured using cosmetic animal
193 testing conducted or contracted by the manufacturer or any
194 supplier of the manufacturer.
195 (b) Conduct or contract for cosmetic animal testing.
196 (4) EXCEPTIONS.—The prohibitions under subsection (3) do
197 not apply if cosmetic animal testing is conducted to comply with
198 any of the following:
199 (a) A requirement of a federal or state law or regulation,
200 if all of the following apply:
201 1. The ingredient is in wide use and cannot be replaced by
202 another ingredient capable of performing a similar function.
203 2. A specific human health problem is substantiated, and
204 the need to conduct animal tests is justified and supported by a
205 detailed research protocol proposed as the basis for the
206 evaluation.
207 3. There is no nonanimal alternative method accepted for
208 the relevant endpoint by the relevant federal or state
209 authority.
210 (b) Chapter V of the Federal Food, Drug, and Cosmetic Act.
211 (c) A requirement of a foreign regulatory authority, if
212 evidence derived from such testing was not relied upon to
213 substantiate the safety of the cosmetic sold in this state by
214 the manufacturer.
215 (d) For noncosmetic purposes, a requirement of a federal,
216 state, or foreign regulatory authority, if evidence derived from
217 such testing was not relied upon to substantiate the safety of
218 the cosmetic sold in this state by the manufacturer.
219 (5) LABELING.—For a cosmetic on which animal testing has
220 been conducted pursuant to subsection (4), a manufacturer shall
221 include the following statement legibly printed on the label or
222 packaging of the cosmetic: “This product or an ingredient used
223 in the formulation of this product has been tested on animals.”
224 (6) ENFORCEMENT AND PENALTIES.—A person who violates this
225 section is subject to a civil penalty of $5,000 and an
226 additional $1,000 for each day he or she continues to violate
227 this section. A violation of this section may be enforced by the
228 Attorney General, a state attorney, or the city attorney or
229 county attorney of the city or county in which the violation
230 occurred. The civil penalty must be remitted to the entity
231 authorized to bring an action to enforce such penalty.
232 Section 4. Section 828.095, Florida Statutes, is created to
233 read:
234 828.095 Prohibition on the declawing of cats; penalty.—
235 (1) DEFINITIONS.—As used in this section, the term:
236 (a) “Declawing” means any of the following:
237 1. An onychectomy, dactylectomy, phalangectomy, partial
238 digital amputation, or any other surgical procedure by which a
239 portion of a cat’s paw is amputated to remove the cat’s claw.
240 2. A tendonectomy or another surgical procedure by which
241 the tendons of a cat’s limbs, paws, or toes are cut or modified
242 so that the cat’s claws cannot be extended.
243 3. Any other procedure that prevents the normal functioning
244 of a cat’s claws.
245 (b) “Therapeutic purpose” means the necessity of addressing
246 the physical medical condition of a cat, such as an existing or
247 recurring illness, infection, disease, injury, or abnormal
248 condition of the cat which compromises the cat’s health. The
249 term does not include a cosmetic or aesthetic reason or reasons
250 of convenience for keeping or handling the cat.
251 (2) PROHIBITION.—A person may not perform a declawing by
252 any means on a cat within this state unless the procedure is
253 necessary for a therapeutic purpose.
254 (3) PENALTIES.—
255 (a) A person, other than a veterinarian licensed under
256 chapter 474, who violates this section is subject to a civil
257 penalty of up to $1,000 for each violation.
258 (b) A veterinarian licensed under chapter 474 who violates
259 this section is subject to disciplinary action by the Board of
260 Veterinary Medicine pursuant to s. 474.214(2).
261 (c) Each incident in which a cat is declawed or partially
262 declawed in violation of this section constitutes a separate
263 violation.
264 Section 5. Subsection (2) of section 828.12, Florida
265 Statutes, is amended to read:
266 828.12 Cruelty to animals.—
267 (2) A person who intentionally commits an act to any
268 animal, or a person who owns or has the custody or control of
269 any animal and fails to act, which results in the cruel death,
270 or excessive or repeated infliction of unnecessary pain or
271 suffering, or causes the same to be done, commits aggravated
272 animal cruelty, a felony of the third degree, punishable as
273 provided in s. 775.082 or by a fine of not more than $10,000, or
274 both.
275 (a) A person convicted of a violation of this subsection,
276 where the finder of fact determines that the violation includes
277 the knowing and intentional torture or torment of an animal that
278 injures, mutilates, or kills the animal, shall be ordered to pay
279 a minimum mandatory fine of $2,500 and undergo psychological
280 counseling or complete an anger management treatment program.
281 (b) A person convicted of a second or subsequent violation
282 of this subsection shall be required to pay a minimum mandatory
283 fine of $5,000 and serve a minimum mandatory period of
284 incarceration of 6 months. In addition, the person shall be
285 released only upon expiration of sentence, is not eligible for
286 parole, control release, or any form of early release, and must
287 serve 100 percent of the court-imposed sentence. Any plea of
288 nolo contendere shall be considered a conviction for purposes of
289 this subsection.
290 (c) As a condition of probation, a court may prohibit a
291 person who violates this subsection from owning, possessing,
292 maintaining, having custody of, residing with, or caring for an
293 animal.
294 Section 6. Effective October 1, 2023, section 828.126,
295 Florida Statutes, is amended to read:
296 828.126 Sexual activities involving animals.—