Florida Senate - 2012                              CS for SB 818
       
       
       
       By the Committee on Community Affairs; and Senators Bennett and
       Gaetz
       
       
       
       578-02166-12                                           2012818c1
    1                        A bill to be entitled                      
    2         An act relating to animal shelters and animal control
    3         agencies; creating the “Animal Rescue Act”; creating
    4         s. 828.067, F.S.; defining the terms “animal control
    5         agency,” “animal rescue group” or “rescue group,” and
    6         “animal shelter”; requiring any animal control agency
    7         or animal shelter that euthanizes animals to maintain
    8         a registry of animal rescue groups that are willing to
    9         accept animals that would otherwise be subject to
   10         euthanization; providing eligibility criteria for
   11         rescue groups and persons desiring to be on the
   12         euthanization registry; providing criteria under which
   13         an animal control agency or animal shelter may reject
   14         an applicant for the euthanization registry or remove
   15         a participant from the registry; requiring that
   16         certain specified information concerning an animal
   17         rescue group be included in the group’s application
   18         for inclusion on the euthanasia registry; authorizing
   19         an animal control agency or animal shelter to require
   20         a rescue group or person to provide specified data to
   21         the animal control agency or animal shelter each
   22         month; prohibiting an animal control agency or animal
   23         shelter from euthanizing an animal until the animal
   24         control agency or animal shelter has notified the
   25         appropriate animal rescue group or person listed on
   26         the euthanization registry; requiring that a rescue
   27         group or person agreeing to take possession of the
   28         animal do so within a specified time; providing for a
   29         required minimum holding period for a healthy animal;
   30         providing exceptions to the requirement to notify a
   31         rescue group and to abide by the minimum holding
   32         period; authorizing an animal control agency or animal
   33         shelter to assess a fee, not to exceed the standard
   34         adoption fee, for each animal released to a rescue
   35         group; requiring that each animal control agency or
   36         animal shelter provide for public inspection certain
   37         information on a monthly and annual basis; providing
   38         an effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. This act may be cited as the “Animal Rescue
   43  Act.”
   44         Section 2. Section 828.067, Florida Statutes, is created to
   45  read:
   46         828.067Animal shelters and animal control agencies;
   47  euthanization registry.—
   48         (1)As used in this section, the term:
   49         (a) “Animal control agency” means an organization operated
   50  by or under contract with the state or a political subdivision
   51  for the purpose of impounding or harboring seized, stray,
   52  homeless, abandoned, or unwanted animals.
   53         (b) “Animal rescue group or “rescue group” means a group
   54  of persons who hold themselves out as an animal rescue group and
   55  who accept or solicit dogs, cats, or other animals with the
   56  intent of finding permanent adoptive homes or providing lifelong
   57  care for such dogs, cats, or other animals and who use foster
   58  homes as the primary means of housing animals, or a group of
   59  persons formed for the prevention of cruelty to animals.
   60         (c) “Animal shelter” means a facility that is used for
   61  housing or containing dogs, cats, or other animals and that is
   62  owned, operated, or maintained by a humane society, an animal
   63  welfare society, a society for the prevention of cruelty to
   64  animals, or another nonprofit organization devoted to the
   65  welfare, protection, and humane treatment of dogs, cats, or
   66  other animals.
   67         (2) An animal control agency or animal shelter that
   68  euthanizes animals shall maintain a registry of animal rescue
   69  groups that are willing to accept animals that are subject to
   70  euthanization.
   71         (a) The euthanization registry must consist of any animal
   72  control agency, animal shelter, or animal rescue group that is
   73  designated as an agency meeting the qualifications of s.
   74  501(c)(3) of the Internal Revenue Code and that has requested
   75  that its name be placed on the euthanization registry. Such an
   76  agency, shelter, or rescue group must be included on the
   77  euthanization registry regardless of the geographical location
   78  of the agency, shelter, or rescue group and regardless of any
   79  other factor except as described in subsection (3).
   80         (b)The euthanization registry may include, at the
   81  discretion of the animal control agency or animal shelter, any
   82  person or animal rescue group that has not met the
   83  qualifications of s. 501(c)(3) of the Internal Revenue Code.
   84         (3)An animal control agency or animal shelter may refuse
   85  to include a rescue group or person on the euthanization
   86  registry or may remove it or the person from the euthanization
   87  registry if a current director, officer, staff member, or
   88  volunteer of the rescue group has been convicted in a court of
   89  competent jurisdiction of a crime consisting of cruelty to
   90  animals or neglect of animals, or if such charges are pending,
   91  or if the rescue group is constrained by a court order that
   92  prevents the rescue group from taking in or keeping animals. An
   93  animal control agency or animal shelter may require the rescue
   94  group to disclose any convictions, charges, or legal impediments
   95  described in this subsection.
   96         (4)The euthanization registry must include the following
   97  information provided by the rescue group:
   98         (a) The name of the rescue group or person.
   99         (b) The mailing address and telephone number.
  100         (c) The website and e-mail address, if any.
  101         (d) The emergency contact information for the rescue group.
  102         (e) The types of animals about whom the rescue group wishes
  103  to be contacted, including species type and breed.
  104         (f) A statement as to whether the rescue group is willing
  105  and able to care for unweaned animals, sick or injured animals,
  106  or animals that have behavior problems.
  107         (5)An animal control agency or animal shelter may require
  108  that a rescue group provide monthly for public inspection
  109  information concerning the number of animals that:
  110         (a) Have been taken from an animal control agency or animal
  111  shelter and placed with the rescue group;
  112         (b) Have been adopted;
  113         (c) Have died or have been euthanized; or
  114         (d) Remain in the care of the rescue group.
  115  
  116  This information may be provided in an informal format, such as
  117  via electronic mail. An animal control agency or animal shelter
  118  may require additional information other than that described in
  119  this subsection as a prerequisite for including a rescue group
  120  on the euthanization registry or for continuing to maintain the
  121  rescue group on the registry.
  122         (6)An animal control agency or animal shelter may not
  123  euthanize an animal until the animal control agency or animal
  124  shelter has notified, or made a reasonable attempt to notify,
  125  all rescue groups or persons on the euthanization registry who
  126  have indicated a willingness to take an animal of that type.
  127         (a)The notification must take place at least 24 hours
  128  before the animal is scheduled to be euthanized.
  129         (b)At a minimum, the notification must include a
  130  verifiable electronic communication. Notification to each rescue
  131  group is considered complete when this has been accomplished.
  132         (c)An animal may not be euthanized if a rescue group or
  133  person on the euthanization registry indicates a willingness to
  134  take possession of the animal.
  135         (d)The rescue group or person agreeing to take possession
  136  of the animal must do so within 2 business days after notifying
  137  the animal control agency or animal shelter that has possession
  138  of the animal.
  139         (e) The holding periods described in paragraphs (a) and (d)
  140  must run concurrently with any holding period required by a
  141  local ordinance or other provision of state law and are not in
  142  addition to those mandated holding periods. A holding period for
  143  a healthy animal may not, however, be less than a total of 3
  144  days as described in paragraphs (a) and (d).
  145         (f)The animal control agency or animal shelter may assess
  146  a fee, not to exceed the standard adoption fee, for each animal
  147  released to a rescue group.
  148         (7)The requirements of subsection (6) do not apply in the
  149  following cases:
  150         (a)An irremediably suffering animal may be euthanized
  151  without delay under s. 828.05.
  152         (b)A dangerous dog may be euthanized without delay under
  153  s. 767.13.
  154         (c)Upon the impoundment of an unweaned animal without its
  155  mother, an animal control agency or animal shelter that has not
  156  placed the animal into foster care or is not able to provide
  157  supplemental feeding shall immediately make an emergency appeal
  158  to a rescue group or person on the euthanization registry who
  159  has indicated a willingness to care for unweaned animals, and
  160  shall give the rescue group or person a reasonable amount of
  161  time, but not less than 8 hours, to respond to the appeal.
  162         (8)An animal control agency or animal shelter shall
  163  provide for public inspection a monthly and annual summary that
  164  includes the number of animals, by species type, during the
  165  previous month which were taken in by the animal control agency
  166  or animal shelter and which were:
  167         (a)Surrendered by the owner;
  168         (b)Picked up as a stray;
  169         (c)Confiscated by the animal control agency or animal
  170  shelter; or
  171         (d)Imported into the state.
  172         (9)An animal control agency or animal shelter shall
  173  provide for public inspection a monthly summary that includes
  174  the number of animals, by species type, during the previous
  175  month which:
  176         (a)Were impounded;
  177         (b)Were euthanized by the animal control agency or animal
  178  shelter;
  179         (c)Died, were lost, or were stolen while in the direct or
  180  constructive care of the animal control agency or animal
  181  shelter;
  182         (d)Were returned to their owners;
  183         (e)Were adopted;
  184         (f)Were transferred to other organizations or rescue
  185  groups; or
  186         (g) Remain in the custody of the agency or shelter.
  187         (10)Each animal control agency or animal shelter shall
  188  provide for public inspection an annual summary that includes
  189  the number of animals, by species type, during the previous
  190  calendar year which:
  191         (a)Were impounded;
  192         (b)Were euthanized by the animal control agency or animal
  193  shelter;
  194         (c)Died, were lost, or were stolen while in the direct or
  195  constructive care of the animal control agency or animal
  196  shelter;
  197         (d)Were returned to their owners;
  198         (e)Were adopted;
  199         (f)Were transferred to other organizations or rescue
  200  groups; or
  201         (g) Remain in the custody of the agency or shelter.
  202         Section 3. This act shall take effect July 1, 2012.