"ILUKA LAW" - VETERINARY NEGLECT AND MALPRACTICE CRIMINAL PENALTIES

An act relating to veterinary neglect and malpractice; providing a short title; creating s. 828.135, F.S.; defining terms; establishing criminal penalties for veterinary professionals who cause preventable harm through negligent care or inadequate post-operative monitoring; providing enhanced penalties for cases involving vulnerable animals; establishing mandatory reporting requirements; providing for license review procedures; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. This act may be cited as "Iluka's Law."

Section 2. Section 828.135, Florida Statutes, is created to read:

828.135 Veterinary neglect and malpractice causing preventable harm.—

(1) DEFINITIONS. As used in this section:

(a) "Preventable harm" means injury, suffering, or death that results from a veterinary professional's failure to:

1. Provide appropriate post-operative monitoring and care according to accepted veterinary standards;

2. Detect and address readily identifiable complications during recovery periods;

3. Implement standard diagnostic procedures when clinically indicated;

4. Provide adequate pain management during and after medical procedures; or

5. Maintain proper supervision during critical care periods.

(b) "Veterinary professional" means any person licensed under Chapter 474, F.S., including veterinarians, veterinary technicians, and veterinary assistants working under professional supervision.

(c) "Vulnerable animal" means:

1. Any animal under 18 months of age;

2. Any animal over 10 years of age;

3. Any animal with known pre-existing medical conditions;

4. Any animal undergoing surgical procedures; or

5. Any animal in critical or intensive care.

(d) "Gross negligence" means conduct that demonstrates a conscious disregard for the animal's safety and well-being, or a failure to exercise even slight care in circumstances where such failure creates an unreasonable risk of harm.

(e) "Substantiated complaint" means:

1. Final adverse disciplinary actions by the Florida Board of Veterinary Medicine;

2. Civil judgments or settlements exceeding $5,000 for veterinary malpractice;

3. Criminal convictions under this section;

4. Voluntary practice restrictions imposed due to malpractice concerns; or

5. Hospital credentialing actions based on quality-of-care issues.

(2) CRIMINAL PENALTIES.

(a) First Degree Misdemeanor: Any veterinary professional who, through negligent acts or omissions, causes preventable harm to an animal commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $15,000, or both.

(b) Third Degree Felony: Any veterinary professional who, through gross negligence, causes preventable serious injury or death to a vulnerable animal commits a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $25,000, or both.

(c) Second Degree Felony: Any veterinary professional who demonstrates a pattern of gross negligence resulting in preventable harm to multiple animals within a 24-month period commits a felony of the second degree, punishable as provided in s. 775.082 or by a fine of not more than $50,000, or both.

(3) ENHANCED CIVIL LIABILITY.

In addition to existing civil remedies, courts may award: (a) Reasonable compensation for replacement value of the animal; (b) All veterinary expenses incurred as a result of the malpractice; (c) Emergency veterinary costs for attempted life-saving treatment; (d) Court costs and reasonable attorney fees; and (e) In cases involving gross negligence, punitive damages not to exceed three times the actual damages.

(4) MANDATORY REPORTING.

(a) Any veterinary professional who has reasonable cause to suspect that another veterinary professional has committed acts described in subsection (2) must report such suspicion to the Florida Board of Veterinary Medicine within 30 days.

(b) Failure to report as required in paragraph (a) constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082.

(c) Any person making a report in good faith shall be immune from civil or criminal liability.

(5) PROFESSIONAL LICENSE REVIEW.

(a) Upon conviction under this section, the Florida Board of Veterinary Medicine shall automatically initiate license review proceedings.

(b) For felony convictions, there shall be a rebuttable presumption that license revocation is appropriate.

(c) For misdemeanor convictions, the Board may impose sanctions including but not limited to:

1. Mandatory continuing education in animal care standards;

2. Supervised practice requirements;

3. Temporary license suspension;

4. Probationary status with regular monitoring.

(d) Automatic License Suspension for Pattern Offenses:

1. Three-Strike Provision: Any veterinarian who has three (3) or more substantiated complaints of veterinary malpractice or neglect within a five (5) year period shall be subject to automatic license suspension for a minimum of six (6) months.

2. Five-Strike Provision: Any veterinarian who has five (5) or more substantiated complaints of veterinary malpractice or neglect within a seven (7) year period shall be subject to automatic license suspension for a minimum of eighteen (18) months and mandatory fitness review.

3. Repeat Offender License Revocation: Any veterinarian who has seven (7) or more substantiated complaints of veterinary malpractice or neglect within a ten (10) year period shall be subject to automatic license revocation with prohibition from reapplication for a minimum of five (5) years.

(6) STATUTE OF LIMITATIONS.

Criminal prosecutions under this section must be commenced within 3 years after the preventable harm occurs or within 2 years after the harm is discovered by the animal owner, whichever is later, but in no event more than 5 years after the harm occurs.

(7) DEFENSES.

It is a defense to prosecution under this section if: (a) The veterinary professional followed accepted emergency protocols during a genuine life-threatening emergency; (b) The harm resulted from unforeseeable complications despite adherence to appropriate standards of care; (c) The animal owner refused recommended treatment or monitoring against professional advice, and such refusal was documented; or (d) The harm was caused by factors wholly outside the veterinary professional's control and expertise.

(8) VETERINARY FACILITY STANDARDS.

(a) All veterinary facilities must maintain detailed medical records documenting:

1. Pre-operative assessments and risk evaluations;

2. Surgical procedures performed and complications encountered;

3. Post-operative monitoring schedules and vital sign recordings;

4. Pain management protocols administered;

5. Staff assignments and supervision during critical periods.

(b) Veterinary facilities must have written emergency protocols for post-operative complications and ensure 24-hour emergency contact availability for surgical patients.

(c) Failure to maintain required records or emergency protocols constitutes a misdemeanor of the second degree.

(9) VICTIM IMPACT AND RESTITUTION.

(a) Courts may consider victim impact statements from animal owners describing the emotional and psychological harm caused by veterinary negligence.

(b) Restitution may include costs for grief counseling for family members, particularly children, who suffered psychological trauma from preventable animal death.

(c) In cases involving service animals, therapy animals, or working animals, restitution shall include costs for replacement training and certification.

(10) WHISTLEBLOWER PROTECTIONS.

(a) Veterinary professionals, technicians, and staff who report violations under this section shall be protected from retaliation, including termination, demotion, or harassment.

(b) Retaliation against whistleblowers constitutes a misdemeanor of the first degree and subjects the employer to civil penalties up to $30,000 per violation.

(11) PUBLIC DISCLOSURE.

(a) The Florida Board of Veterinary Medicine must maintain a publicly accessible database of:

1. All disciplinary actions taken against veterinary professionals;

2. Convictions under this section;

3. Civil judgments exceeding $15,000 related to veterinary malpractice.

(b) Veterinary facilities must display notices informing clients of their rights under this section and how to file complaints.

(12) INSURANCE REQUIREMENTS.

(a) All veterinary professionals must maintain professional liability insurance with minimum coverage of $250,000 per occurrence and $500,000 aggregate annually.

(b) Insurance providers must notify the Florida Board of Veterinary Medicine of any policy cancellations or non-renewals within 30 days.

Section 4. This act shall take effect July 1, 2026.