The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 388
INTRODUCER: Senator Wright and others
SUBJECT: Injured Police Canines
DATE: March 2, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brown Brown HP Favorable
2. Cellon Jones CJ Favorable
3. Brown Phelps RC Favorable
I. Summary:
SB 388 authorizes an emergency service transport vehicle permit holder to transport a police
canine injured in the line of duty to a veterinary clinic, hospital emergency department, or similar
facility if no person requires medical attention or transport when the canine needs it. The bill
authorizes emergency medical technicians (EMTs) and paramedics to provide emergency
medical care to an injured police canine at the scene of an emergency or while the canine is
being transported.
The bill provides civil and criminal immunity for EMTs and paramedics providing emergency
care to an injured police canine and exempts them from the application of the veterinary practice
act for providing medical care to a police canine injured in the line of duty.
The bill may have a fiscal impact. See Section V. Fiscal Impact Statement.
The bill has an effective date of July 1, 2021.
II. Present Situation:
Police Canines
Section 843.19, F.S., defines the term “police canine” for law enforcement purposes as any
canine that is owned, or the service of which is employed, by a law enforcement agency or a
correctional agency for the principal purpose of aiding in the detection of criminal activity,
enforcement of laws, or apprehension of offenders.
Police dogs are frequently used in conjunction with high-intensity, criminal situations and are
often deployed by their handlers to chase after fleeing felons. As a result, the dogs can be caught
in the line of fire while on the job. In September 2018, 3-year-old Fang, a member of
BILL: SB 388 Page 2
Jacksonville Sheriff’s Office canine unit, was shot and killed by a teenager who was fleeing a
scene after carjacking two women at a gas station minutes earlier.1 Similarly, in December 2018,
3-year-old Cigo with the Palm Beach County Sheriff’s Office was shot and killed by an
attempted murder suspect outside of a shopping mall.2 In Florida, there have been 49 police
canines killed in the line of duty.3 In 2019, the Legislature, recognizing the ongoing danger to
and violence against police canines, increased the penalty for causing harm to or using a deadly
weapon against a police canine from a third degree felony to a second degree felony. 4, 5
Special K-9 Units
Specially-trained dogs are used by various agencies and departments throughout the state in their
K-9 units. These departments employ dogs to assist with tracking and apprehending offenders,
narcotics and bomb detection,6 and building and article searches.7 Additionally, some fire
departments use dogs as part of arson detection programs.8 Various non-profit organizations also
use dogs for the purpose of search and rescue, such as the Community Emergency Response
Team, which provides support to the federal Emergency Management Agency.9
Veterinary Medical Care and Treatment for Canines
The practice of veterinary medicine is licensed and regulated by the Department of Business and
Professional Regulation (DBPR), Board of Veterinary Medicine.10 A veterinarian is a licensed
health care practitioner who engages in the practice of veterinary medicine which the Legislature
has determined can be potentially dangerous to the public health and safety if conducted by
incompetent and unlicensed practitioners.11 The practice of veterinary medicine means:
The diagnosis of medical conditions of animals;
Prescribing, dispensing, or administering drugs, medicine, appliances, and applications for
animals;
The treatment of animals for the prevention, cure, or relief of a wound, fracture, bodily
injury, or disease;
1
Tarik Mino and Colette DuChanois, Audio, video evidence released in case of teen held in K-9’s death, NEWS4JAX
(November 12, 2018), available at https://www.news4jax.com/news/2018/11/13/audio-video-evidence-released-in-case-of-
teen-held-in-k-9s-death/ (last visited February 5, 2021).
2
Mark Osborne and Jason M. Volack, Suspect kills police dog in shootout outside mall on Christmas Eve, police say, ABC
NEWS (December 25, 2018), available at https://abcnews.go.com/US/suspect-kills-police-dog-shootout-mall-christmas-
eve/story?id=60007552 (last visited February 5, 2021).
3
Officer Down Memorial Page, Florida Line of Duty Deaths, available at https://www.odmp.org/search/browse/florida (last
visited February 5, 2021).
4
Chapter 2019-9, Laws of Fla. (2019).
5
A third degree felony is punishable by up to five years imprisonment and up to a $5,000 fine. Sections 775.082, 775.083,
and 775.084, F.S. A second degree felony is punishable by up to 15 years imprisonment and up to a $10,000 fine. Sections
775.082 and 775.083, F.S.
6
City of Orlando, K-9 Unit, available at http://www.cityoforlando.net/police/k-9-unit/ (last visited February 5, 2021).
7
St. Petersburg Police Department, K-9 Unit, available at http://police.stpete.org/k-9 (last visited February 5, 2021).
8
City of Orlando, Accelerant Detection Canines, available at http://www.cityoforlando.net/fire/accelerant-detection-canines/
(last visited February 5, 2021).
9
Boondocks K9 SAR-CERT Unit, Community Emergency Response Team (CERT), available at
https://www.boondocksk9.org/ (last visited February 5, 2021).
10
Chapter 474, F.S.; and see s. 20.165, F.S.
11
Sections 474.201 and 407.202(11), F.S.
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Performing any manual procedure for the diagnosis of or treatment for pregnancy or fertility
or infertility of animals; and
The determination of the health, fitness, or soundness of an animal.12
Veterinary medicine includes:
Surgery;
Acupuncture;
Obstetrics;
Dentistry;
Physical therapy;
Radiology;
Theriogenology; and
Any other veterinary medicine specialty.13
Section 474.202, F.S., defines an animal as a wild or domestic, dead or alive, bird, amphibian,
fish, reptile, or mammal, other than a human being. A dog, or canine, is a mammal.14 It is the
responsibility of every veterinarian licensed and practicing in Florida to provide, either
personally or through another licensed veterinarian, 24-hour emergency services for all animals
under his or her continuing care.15
When the DBPR has probable cause to believe that a person is practicing, or attempting to
practice, veterinary medicine without a license, or aiding and abetting a person to practice
veterinary medicine without a license, the DBPR may issue to the offender a notice to cease and
desist. If the person fails to comply with the notice, the DBPR may file a proceeding seeking an
injunction or a writ of mandamus. Additionally, the DBPR may impose an administrative penalty
not to exceed $5,000 per incident or may issue a citation.16
Emergency Medical Services, Paramedics, and Emergency Medical Technicians
Emergency Medical Transport Services
Prehospital life support transport services fall into two general categories – basic life support
services (BLS) and advanced life support services (ALS).
BLS services include the assessment or treatment by a person qualified under part III of ch. 401,
F.S., through the use of techniques described in the EMT-Basic National Standard Curriculum or
the National Emergency Medical Services (EMS) Education Standards of the U.S. Department of
Transportation.17 The term includes the administration of oxygen and other techniques that have
12
Section 474.202(9), F.S.
13
Section 474.202(13), F.S.
14
Merriam-Webster On-line Dictionary, Dog or Canine is a highly variable domestic mammal (Canis familiaris) closely
related to the gray wolf, available at https://www.merriam-webster.com/dictionary/dog (last visited February 5, 2021).
15
Fla. Admin. Code R. 61G18-19.001 (2019).
16
Section 455.228, F.S.
17
United States Department of Transportation, National Highway Traffic Safety Administration, National Emergency
Medical Services Education Standards, (January 2009), available at https://www.ems.gov/pdf/National-EMS-Education-
Standards-FINAL-Jan-2009.pdf (last visited February 5, 2021).
BILL: SB 388 Page 4
been approved and are performed under specific conditions.18 BLS services are usually
performed by EMTs.19
ALS services include patient assessment or treatment including the implementation of advanced
medical skills such as endotracheal intubation, the administration of drugs or intravenous fluids,
telemetry, cardiac monitoring, cardiac defibrillation, and other techniques described in the EMT-
Paramedic National Standard Curriculum or the National EMS Education Standards.20 ALS
services can be performed on site and are usually provided by physicians or paramedics.21
To obtain a transport vehicle permit to provide BLS or ALS services, an applicant must provide
to the Department of Health the following:
An application and required fees; and
Documentation that the vehicle qualifies as follows:
o Is furnished with essential medical supplies and equipment which is in good working
order;
o Meets appropriate standards for design and construction;
o Is equipped with an appropriate communication system;
o Meets appropriate safety standards;
o Meets sanitation and maintenance standards;
o Is insured for a minimum of $100,000/$300,000 against injuries to or the death of any
person arising out of an accident; and
o Has been awarded a Certificate of Public Convenience and Necessity (COPCN).22
The following adult and pediatric medical equipment and supplies are required for BLS service
vehicles:
Bandaging, dressing, and taping supplies;
Bandage shears;
Patient restraints;
Blood pressure cuffs;
Stethoscopes;
Blankets;
Sheets;
Pillows;
Patient rain cover;
Long and short spine boards;
Cervical, spine and extremity immobilization devices and traction splints;
Portable oxygen tanks, masks, and nasal cannula;
Hand-operated bag-valve mask resuscitators;
Portable suction;
18
Sections 401.23(7) and (8), F.S.
19
Ryynanen, et. al, Is advanced life support better than basic life support in prehospital care? A systematic review, Scand J
Trauma Resusc. Emerg. Med. 2010; 18: 62, (November 23, 2010), available at
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3001418/ (last visited February 5, 2021).
20
Sections 401.23(1) and (2), F.S.
21
Ryynanen, et. al, supra note 18.
22
Section 401.26(2), F.S., and Fla. Admin. Code R. 64J-1.002 and 64J-1.003 (2019).
BILL: SB 388 Page 5
Sterile obstetrical kit;
Burn sheets;
Flashlight;
Occlusive dressings;
Gloves, face masks;
Nasopharyngeal airways;
Biohazardous waste bags; and
Bulb syringe.23
The following additional adult and pediatric medical equipment and medications are required for
ALS service vehicles:
Medications:
o Atropine;
o Dextrose;
o Epinephrine;
o Ventricular dysrhythmic;
o Benzodiazepine sedative/anticonvulsant;
o Naloxone (Narcan);
o Nitroglycerin; and
o Beta adrenergic inhalant with nebulizer apparatus.
I.V. Solutions, including Lactated Ringers or Normal Saline with stopcocks, pressure infuser,
drip sets, tubing and cannula.
Equipment:
o Laryngoscope handle, blades and batteries;
o I.V. arm boards or splints;
o Disposable endotracheal tubes and stylets;
o Magill forceps;
o Device for intra-tracheal meconium suctioning;
o Tourniquets;
o Needles and syringes;
o Portable monitor with defibrillator, pacing capabilities, ECG printout, and electrodes; and
o Glucometer.24
Emergency Medical Technicians
The primary focus of an EMT is to provide basic emergency medical care and transportation for
critical and emergent patients who access the emergency medical system. This individual
possesses the basic knowledge and skills necessary to provide patient care and transportation. An
EMT functions as part of a comprehensive EMS response, under medical oversight. An EMT
performs interventions with the basic equipment typically found on an ambulance. An EMT is a
link from the scene to the emergency health care system.25
23
Fla. Admin Code R. 64J-1.002(4) (2019).
24
Fla. Admin Code R. 64J-1.003(7) (2019).
25
See note 16.
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Paramedics
A paramedic is an allied health professional whose primary focus is to provide advanced
emergency medical care for critical and emergent patients who access the emergency medical
system. This individual possesses the complex knowledge and skills necessary to provide patient
care and transportation. Paramedics function as part of a comprehensive EMS response, under
medical oversight. Paramedics perform interventions with the basic and advanced equipment
typically found on an ALS service vehicle. A paramedic is a link from the scene into the health
care system.26
III. Effect of Proposed Changes:
The bill creates s. 401.254, F.S., to authorize an emergency service transport vehicle permit
holder to transport a police canine injured in the line of duty to a veterinary clinic, hospital
emergency department, or similar facility if no person requires medical attention or transport
when the canine needs it.
The bill defines the term “police canine” as any canine that is owned, or the service of which is
employed, by a state or local law enforcement agency, a correctional agency, a fire department, a
special fire district, or the State Fire Marshal for the principal purpose of aiding in the detection
of criminal activity, flammable materials, or missing persons; enforcement of laws; investigation
of fires; or apprehension of offenders.
The bill authorizes EMTs and paramedics to provide emergency medical care to an injured
police canine at the scene of the emergency or while being transported. The bill provides civil
and criminal immunity for EMTs and paramedics who act in good faith to provide emergency
care to an injured police canine and exempts them from the application of the veterinary practice
act for providing medical care to a police canine injured in the line of duty.
The bill has an effective date of July 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
26
Id.
BILL: SB 388 Page 7
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Should a police canine be transported to an emergency medical center for treatment of
injuries suffered in the line of duty by an emergency service transport vehicle, the cost of
such services would need to be covered. The bill does not specify who would pay the cost
of such services.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill does not provide any emergency treatment prot