Florida Senate - 2014                                    SB 1534
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00699A-14                                          20141534__
    1                        A bill to be entitled                      
    2         An act relating to animal control agencies and animal
    3         shelters; creating the “Animal Rescue Act”; creating
    4         s. 828.067, F.S.; defining the terms “animal control
    5         agency,” “animal rescue group,” and “animal shelter”;
    6         requiring an animal control agency or animal shelter
    7         that euthanizes animals to maintain a euthanasia
    8         registry; requiring an agency, shelter, or rescue
    9         group to submit certain information before being added
   10         to the registry; authorizing an agency or shelter to
   11         include or remove certain rescue groups in its
   12         registry; authorizing the agency or shelter to require
   13         a rescue group to provide certain data to the agency
   14         or shelter monthly; prohibiting an agency or shelter
   15         from euthanizing an animal until the agency or shelter
   16         has notified all applicable agencies, shelters, or
   17         rescue groups listed on the registry; providing
   18         exceptions from the notification requirements;
   19         providing holding period requirements; authorizing an
   20         agency or shelter to assess fees; providing an
   21         effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. This act may be cited as the “Animal Rescue
   26  Act.”
   27         Section 2. Section 828.067, Florida Statutes, is created to
   28  read:
   29         828.067 Euthanasia registry.—
   30         (1) DEFINITIONS.—As used in this section, the term:
   31         (a) “Animal control agency” or “agency” means an
   32  organization operated by or under contract with this state or a
   33  political subdivision for the purpose of impounding or harboring
   34  seized, stray, homeless, abandoned, or unwanted animals.
   35         (b) “Animal rescue group” or “rescue group” means a group
   36  of persons who accept or solicit animals with the intent of
   37  finding permanent adoptive homes or providing lifelong care for
   38  such animals and who use foster homes as the primary means of
   39  housing animals.
   40         (c) “Animal shelter” or “shelter” means a facility used for
   41  the housing or containment of animals which is owned, operated,
   42  or maintained by a humane society, animal welfare society,
   43  society for the prevention of cruelty to animals, or other
   44  nonprofit organization devoted to the welfare, protection, and
   45  humane treatment of animals.
   46         (2) EUTHANASIA REGISTRY.—An animal control agency or animal
   47  shelter that euthanizes animals shall maintain a registry of
   48  other agencies, shelters, or animal rescue groups that are
   49  willing and able to accept an animal that is at risk of
   50  euthanasia.
   51         (a) To be added to a registry, an agency, a shelter, or a
   52  rescue group must provide an agency or a shelter with the
   53  following information:
   54         1. The name of the agency, shelter, or rescue group;
   55         2. The mailing address and telephone number of the agency,
   56  shelter, or rescue group;
   57         3. The website and e-mail address, if available, of the
   58  agency, shelter, or rescue group;
   59         4. Emergency contact information of the agency, shelter, or
   60  rescue group;
   61         5. Preference for a type of animal, including the species
   62  and breed, which the agency, shelter, or rescue group requests
   63  to be notified of if such type of animal is at risk of
   64  euthanasia; and
   65         6. Preference for the state of the animal, such as an
   66  unweaned, sick, or injured animal or an animal with behavioral
   67  problems, which the agency, shelter, or rescue group requests to
   68  be notified of if such animal is at risk of euthanasia.
   69         (b) An agency or shelter shall include in its registry a
   70  rescue group that is designated as a tax-exempt organization
   71  under s. 501(c)(3) of the Internal Revenue Code, regardless of
   72  the geographical location of the agency or shelter or other
   73  factors, and may also include in its registry a rescue group
   74  that does not qualify as a tax-exempt organization under s.
   75  501(c)(3) of the Internal Revenue Code.
   76         (c) An agency or shelter may refuse to include in, or may
   77  remove a rescue group from, its registry if a current director,
   78  officer, staff member, or volunteer of the rescue group has been
   79  convicted of a crime relating to animal cruelty or neglect; if
   80  such charges are pending; or if the rescue group is constrained
   81  by a court order that prevents it from taking in or keeping
   82  animals. An agency or shelter may require a rescue group to
   83  disclose any conviction, charge, or legal impediment described
   84  in this paragraph.
   85         (d) An agency or shelter may require a rescue group to
   86  provide monthly, for public inspection, the following data
   87  concerning the number of animals that:
   88         1. Have been placed with the rescue group from an agency or
   89  shelter.
   90         2. Have been adopted.
   91         3. Have died or have been euthanized.
   92         4. Remain in the care of the rescue group.
   93         (e) The information required by this section may be
   94  provided informally, such as by e-mail. Additional information
   95  may not be required to be included or to remain on the registry.
   96         (3) NOTIFICATION.—An animal control agency or animal
   97  shelter may not euthanize an animal until the agency or shelter
   98  has notified, or made a reasonable attempt to notify, each
   99  agency, shelter, and rescue group on the registry which has
  100  indicated a willingness and ability to take an animal of that
  101  type or state.
  102         (a) Notification must take place at least 24 hours before
  103  the animal is scheduled to be euthanized and must, at a minimum,
  104  be conducted through verifiable electronic communication.
  105         (b) If an agency, a shelter, or a rescue group indicates a
  106  willingness to take possession of the animal, the animal may not
  107  be euthanized. The agency, shelter, or rescue group must take
  108  possession of the animal within 2 business days after indicating
  109  a willingness and ability to take the animal.
  110         (c) If an unweaned animal is impounded without its mother
  111  and an agency or shelter is unable to place such animal into
  112  foster care or provide supplemental feeding, the agency or
  113  shelter must immediately make an emergency appeal to each
  114  agency, shelter, and rescue group on the registry which has
  115  indicated a willingness to care for an unweaned animal. If an
  116  agency, a shelter, or a rescue group responds within a
  117  reasonable time of up to 8 hours and indicates a willingness and
  118  ability to take possession of the unweaned animal, the animal
  119  may not be euthanized.
  120         (d) This subsection does not apply if an animal is
  121  irremediably suffering as provided under s. 828.05 or is
  122  classified as a dangerous dog pursuant to s. 767.12.
  123         (4) HOLDING PERIODS.—
  124         (a) The required holding period for a stray animal is 5
  125  business days, not including the day of impoundment. Animals
  126  must be held for owner redemption during the first 2 days of the
  127  holding period and are available for owner redemption, transfer,
  128  and adoption for the remainder of the holding period. The
  129  holding period expires if the animal is redeemed, transferred,
  130  or adopted, except as follows:
  131         1. The requirements of this paragraph do not apply to cats
  132  that are impounded for sterilization and then returned.
  133         2. A shelter may transfer an animal any time after impound
  134  to a nonprofit rescue group, a private shelter, or an
  135  organization formed for the prevention of cruelty to animals, as
  136  long as a potential owner is afforded the same rights of
  137  reclamation as if the animal were still in the shelter.
  138         (b) The required holding period for an owner-relinquished
  139  animal impounded by a public or private animal control agency or
  140  animal shelter is the same as that for stray animals. The
  141  holding period expires if the animal is redeemed, transferred,
  142  or adopted as follows:
  143         1. An animal is available for owner redemption, transfer,
  144  and adoption for the entire holding period.
  145         2. The requirements of this paragraph do not apply to cats
  146  that are impounded for sterilization and then returned.
  147         (5) FEE.—An animal control agency or animal shelter may
  148  assess a fee, not to exceed the standard adoption fee, for each
  149  animal released to an animal control agency, animal shelter, or
  150  animal rescue group pursuant to this section.
  151         Section 3. This act shall take effect July 1, 2014.