b'pawLAWBefore You Break That Car Window.Of the 1,638 bills and proposed constitutional amendments filed for the 60-day 2016 Florida legislativesession, 272 passed and were sent to Governor Rick Scott. Below, attorney Dionne Blaesing weighs in ona couple of the animal-related bills that were either signed by the governor, or died. Most specifically,Ms. Blaesing clarifies the Unattended Persons and Animals in Motor Vehicles statute for us.FloridaHouseBill131 and SenateBill308, filed in judiciary committee.September 2015, have become law with approval FloridaSenateBill92O, filedonof committees to which it was referred, by November 19, 2015, was meant to amendavoteinbothhousesandwiththe the existing Fl. St. 828.12 Cruelty toGovernorsapprovalonMarch6, Animals. This amendment bill sim-2016.ItnowbecomesFl.St. ilarly died in the criminal justice768.139 Unattended Persons committee on March 11, 2016.andAnimalsinMotor The bill was intended to cleanVehicles. up some of the language in theThis law provides immu- existing statute and to add anityforagoodSamaritan forfeiturecomponenttothefrom civil liability for damage statute.Forfeiture allows thetoamotorvehiclerelatedto state to seize property of a per-the rescue of a person or animal son engaged in a felony crime.(a dog, cat, or other animal that is Forfeiture is not the penalty but isdomesticated and may be kept as a a valuable crime preventing compo-householdpet;notlivestockorfarm nent of the criminal sanctions. animals),hereinthevictim,onlyifthe Finally,FloridaSenateBill680,Good Samaritan determines that:addressingveterinarymalpractice,diedon1. the motor vehicle is locked without any reasonable March 11, 2016 in the Regulated Industries Committee,methodforthevictimtoexitthevehiclewithout which was the first committee to review the bill. This bill intend-assistance; ed to authorize the award of damages to an owner for loss of2.hasgoodfaithandreasonablebeliefthatthevictim companionship in an action against a veterinarian for the deathis in imminent danger of harm; of his or her companion animal which resulted from the veteri-3. ensures that law enforcement is notified or 911 called narians negligence or recklessness. The bill limited the recoverybefore or immediately after entering the vehicle; to an animal to which the owner had a close attachment. The bill4. uses no more force to enter the motor vehicle and did not define how the damages would be calculated. remove the victim than necessary; For those interested in tracking the progress of bills,5. remains with victim in a safe location, in reasonable go online to: www.flsenate.gov/Session/Bills/2016.proximitytothemotorvehicle,untillawenforcement There you may insert the bill number for either chamber (chooseor first responder arrives.either Senate or House of Representatives), and you will see thetracking history of the bill and see the actual language of the bill. If you intend to act under this law, remember that the only As people interested in animal welfare issues, keeping tabs onliability you will be immune from is cost of repair to the vehicle. animal related bills is informative. Note that on the search infor-If the victim is unruly and creates another accident by running mation, the Senator or Representative filing these bills is listed.into the street, you are not immune from liability under this law. Perhaps these elected officials would like to hear from all of usIf you do not act in accordance with every step of the language with support and/or suggestions. of the statute, you may not have any immunity. You also must haveDionne M. Blaesing, PA practice areas include: animal law sucha reasonable and good faith belief of imminent harm; you do not Y as Pet Lemon Law and Veterinary Malpractice; Businesshave to be a veterinarian but ultimately it will be a jury or Judgesdecision whether you were reasonable in your assessment.Resolution for large and small businesses; Business Formation;Florida Senate Bill 200, filed August 31, 2015, and House General Civil disputes and Family Issues. Dionne has a 20 year back-Bill 329, created criminal sanctions for any person leaving ani- ground in veterinary science, serving as an emergency technician at themals confined in an unattended motor vehicle under circum- SPCA Angell Memorial Animal Hospital in Boston; Chief of Nursing forstances that could harm the animal. The content of the bill sim- Boston Zoological Society; managing a local veterinary hospital in Pascoply made it illegal to confine in a manner harming an animal; the County. She has also served on the board of the Suncoast SPCA in Newbill did not put any authority in the hands of a Good Samaritan Port Richey for 10 years, including a stint as the board president. Heroffices are in New Port Richey. For more information, call 727.992.9114to save the animal.These bills were intended to create Florida or go to www.DionneBlaesing.comStatute 828.075.However, on March 11, 2016 both bills died in50 THE NEW BARKER www.TheNewBarker.com'