Florida Senate - 2018                                     SB 132
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00039-18                                            2018132__
    1                        A bill to be entitled                      
    2         An act relating to animals; amending s. 823.15, F.S.;
    3         revising legislative findings and intent; requiring
    4         animal rescue organizations to prepare, maintain, and
    5         make available for public inspection and dissemination
    6         certain records for a specified period; extending an
    7         existing monthly reporting requirement to animal
    8         rescue organizations; providing for the sterilization
    9         of all dogs and cats sold or released for adoption
   10         from animal rescue organizations, subject to certain
   11         requirements; providing an exception to the
   12         requirement that a prospective adopter pay the costs
   13         of sterilization; prohibiting animal shelters, animal
   14         rescue organizations, humane organizations, and
   15         certain animal control agencies from importing animals
   16         into the state; prohibiting individuals from importing
   17         animals into the state for transfer to such shelters,
   18         organizations, and agencies; providing an exception
   19         during declared emergencies and natural disasters;
   20         providing criminal and noncriminal penalties for
   21         specified violations and for subsequent violations;
   22         requiring the Commissioner of Agriculture to report
   23         certain suspected violations to the United States
   24         Department of Agriculture under certain circumstances;
   25         providing requirements for such a report; directing
   26         the commissioner or his or her designee to bring an
   27         action in a court of competent jurisdiction against an
   28         entity or individual who violates specified
   29         provisions; amending s. 828.29, F.S.; providing
   30         criminal penalties for specified violations by certain
   31         individuals, shelters, organizations, or agencies;
   32         conforming a provision to changes made by the act;
   33         providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 823.15, Florida Statutes, is amended to
   38  read:
   39         823.15 Dogs and cats released from animal shelters, animal
   40  rescue organizations, humane organizations, or animal control
   41  agencies; sterilization requirement; animal importation
   42  prohibition; penalties.—
   43         (1)(a) The Legislature finds has determined that the
   44  importation of dogs and cats into, and the uncontrolled breeding
   45  of dogs and cats in, this state pose risks to the well-being of
   46  dogs and cats, the health of humans and animals, and the
   47  agricultural interests in this state. The importation of dogs
   48  and cats from outside the state United States could result in
   49  the transmission of infectious and parasitic diseases result in
   50  the transmission of diseases that have been eradicated in the
   51  United States to dogs, and cats, other animals, and humans
   52  living in this state. Historically, uncontrolled breeding
   53  resulted results in the birth of many more puppies and kittens
   54  than were are needed to provide pet animals to new owners or to
   55  replace pet animals that had have died or become lost. This led
   56  to the overpopulation of leads to many dogs, cats, puppies, and
   57  kittens, many of which were being unwanted and became, becoming
   58  strays and suffered suffering privation and death; constituted a
   59  public nuisance and public health hazard; and were, being
   60  impounded and destroyed at great expense to the community, and
   61  constituting a public nuisance and public health hazard. Florida
   62  shelters, not-for-profit organizations, and governmental
   63  agencies established to aid local dogs and cats in need within
   64  their catchment areas have been so successful in promoting
   65  responsible pet ownership and reducing the population of
   66  unwanted and surplus shelter dogs and cats that Florida animal
   67  shelters, animal rescue organizations, humane organizations, and
   68  animal control agencies receive fewer local dogs and cats in
   69  need each year. Many of these shelters, organizations, and
   70  agencies were established years ago and expanded when surplus
   71  shelter populations were at their highest. As a result, many
   72  shelters, organizations, and agencies have experienced a
   73  decrease in the number of local dogs and cats available for
   74  adoption, while they still must maintain larger facilities. As
   75  the local populations continued to decline, many of these
   76  shelters, organizations, and agencies changed their mission
   77  statements and operational models to stay in business and began
   78  to import dogs and cats for local placement from outside their
   79  local areas of operation, including jurisdictions outside this
   80  state. Consequently, the number of dogs and cats imported from
   81  outside the state has increased exponentially, sometimes leading
   82  to inhumane transport and sheltering conditions, reduced
   83  adoption opportunities for local dogs and cats, and needless
   84  euthanasia of local dogs and cats.
   85         (b) In light of the findings stated in paragraph (a), the
   86  Legislature declares that:
   87         1.It is therefore declared to be the public policy of the
   88  state that Every feasible means should be used to reduce the
   89  incidence of birth of unneeded and unwanted puppies and kittens.
   90  Determining which programs result in improved adoption rates and
   91  in reduced euthanasia rates for animals in shelters and animal
   92  control agencies is crucial to this effort.
   93         2.The importation of animals from outside the state should
   94  be prohibited to prevent inhumane conditions in the transport
   95  and sheltering of animals; increase adoption opportunities for
   96  local dogs and cats; reduce the transmission of intra-species
   97  and zoonotic diseases; and prevent the needless euthanasia of
   98  local dogs and cats.
   99         (2)(a) Each public or private animal shelter, animal rescue
  100  organization, humane organization, or animal control agency
  101  operated by a humane organization or by a county, municipality,
  102  or other incorporated political subdivision, shall prepare and
  103  maintain the following records and make them available for
  104  public inspection and dissemination for the 3 preceding years.
  105  The following data must will be available on a monthly basis
  106  commencing July 31, 2013:
  107         1. The total number of dogs and cats taken in by the animal
  108  shelter, animal rescue organization, humane organization, or
  109  animal control agency, divided into species, in the following
  110  categories:
  111         a. Surrendered by owner;
  112         b. Stray;
  113         c. Impounded;
  114         d. Confiscated;
  115         e. Transferred from within Florida;
  116         f. Transferred into or imported from out of the state; and
  117         g. Born in shelter.
  118  
  119  Species other than domestic cats and domestic dogs should be
  120  recorded as “other.”
  121         2. The disposition of all animals taken in by a public or
  122  private animal shelter, animal rescue organization, humane
  123  organization, or animal control agency operated by a humane
  124  society or by a county, municipality, or other incorporated
  125  political subdivision, divided into species. These data must
  126  include dispositions by:
  127         a. Adoption;
  128         b. Reclamation by owner;
  129         c. Death in kennel;
  130         d. Euthanasia at the owner’s request;
  131         e. Transfer to another public or private animal shelter,
  132  animal rescue organization, humane organization, or animal
  133  control agency operated by a humane society or by a county,
  134  municipality, or other incorporated political subdivision;
  135         f. Euthanasia;
  136         g. Released in field/Trapped, Neutered, Released (TNR);
  137         h. Lost in care/missing animals or records; and
  138         i. Ending inventory/shelter count at end of the last day of
  139  the month.
  140         3. A public or private animal shelter, animal rescue
  141  organization, humane organization, or animal control agency
  142  operated by a humane society, or by a county, municipality, or
  143  other incorporated political subdivision, which routinely
  144  euthanizes dogs based on size or breed alone must provide a
  145  written statement of such policy. Dogs euthanized due to breed,
  146  temperament, or size must be recorded and included in the
  147  calculation of the total euthanasia percentage.
  148         (b) Records of a public animal shelter, humane
  149  organization, or animal control agency operated by a humane
  150  society must be made available to the public pursuant to
  151  provisions in chapter 119.
  152         (3) In furtherance of this policy, provision shall be made
  153  for the sterilization of All dogs and cats sold or released for
  154  adoption from any public or private animal shelter, animal
  155  rescue organization, or animal control agency operated by a
  156  humane society or by a county, municipality city, or other
  157  incorporated political subdivision, must be sterilized as
  158  provided in paragraph (a) or paragraph (b) by either:
  159         (a) Providing Sterilization shall be performed by a
  160  licensed veterinarian before relinquishing custody of the animal
  161  is relinquished by the shelter, organization, or agency.; or
  162         (b) The shelter, organization, or agency shall enter
  163  Entering into a written agreement with the adopter or purchaser
  164  guaranteeing that sterilization will be performed within 30 days
  165  or before prior to sexual maturity and collect. The shelter or
  166  animal control agency shall require a sufficient deposit from
  167  the adopter or purchaser, which is deposit shall be refundable
  168  upon presentation to the shelter, organization, or animal
  169  control agency of written evidence by the veterinarian
  170  performing the sterilization that the animal has been
  171  sterilized. The deposit or donation may be based upon
  172  recommended guidelines established by the Florida Federation of
  173  Humane Societies. Failure by either party to comply with the
  174  provisions of this paragraph is shall be a noncriminal violation
  175  as defined in s. 775.08(3), punishable by a fine, forfeiture, or
  176  other civil penalty, and, in addition thereto, the deposit or
  177  donation shall be forfeited to the shelter or animal control
  178  agency. In addition, an adopter or purchaser who fails to
  179  demonstrate compliance with an agreement entered into under this
  180  paragraph forfeits his or her deposit. The adopter or purchaser
  181  shall pay any legal fees or court costs associated with used for
  182  the enforcement of this paragraph are the responsibility of the
  183  adopter. The time limit within which the animal must be
  184  sterilized shall be extended upon the request of a licensed
  185  veterinarian or for any other reason deemed valid by, and for a
  186  valid reason, the shelter, organization, or animal control
  187  agency shall extend the time limit within which the animal must
  188  be sterilized.
  189         (4) All costs of sterilization performed pursuant to this
  190  section shall be paid by the prospective adopter unless
  191  otherwise provided for by any of the following:
  192         (a) Ordinance of the local governing body, with respect to
  193  animal control agencies or shelters operated or subsidized by a
  194  unit of local government. , or provided for by
  195         (b) The humane society governing body, with respect to an
  196  animal control agency or shelter operated solely by the humane
  197  society and not subsidized by public funds.
  198         (c)The animal rescue organization governing body, with
  199  respect to animals for which the organization is not subsidized
  200  by public funds.
  201         (5)(a) A public or private animal shelter, animal rescue
  202  organization, humane organization, or animal control agency
  203  operated by a humane organization or by a county, municipality,
  204  or other incorporated political subdivision may not import an
  205  animal into this state from another state, a possession or
  206  territory of the United States, or a foreign country.
  207         (b) An individual may not import an animal into this state
  208  from another state, a possession or territory of the United
  209  States, or a foreign country for transfer to a public or private
  210  animal shelter, animal rescue organization, humane organization,
  211  or animal control agency operated by a humane organization or by
  212  a county, municipality, or other incorporated political
  213  subdivision.
  214         (c) This subsection does not apply to a public animal
  215  shelter or animal control agency operated by a humane
  216  organization, or by a county, municipality, or other
  217  incorporated political subdivision, which imports animals during
  218  an emergency or a natural disaster declared by the Governor or
  219  the President of the United States.
  220         (6)(a) An entity convicted of a violation of paragraph
  221  (2)(a) or paragraph (5)(a) commits a misdemeanor of the second
  222  degree, punishable as provided in s. 775.082 or s. 775.083. In
  223  addition, for a period of 2 years, the convicted entity is:
  224         1. Deemed a pet dealer and required to meet all of the
  225  requirements for a pet dealer under state law; and
  226         2. Required to qualify as a pet store under the applicable
  227  laws regulating pet stores in the jurisdiction of operation of
  228  the entity, if a transfer of an animal is made directly to the
  229  public.
  230         (b) An entity convicted of a subsequent violation of
  231  paragraph (2)(a) or paragraph (5)(a) commits a misdemeanor of
  232  the first degree, punishable as provided in s. 775.082 or s.
  233  775.083, and:
  234         1. The Division of Corporations of the Department of State
  235  shall revoke the not-for-profit status of the convicted entity
  236  in this state;
  237         2. The convicted entity is deemed a pet dealer and required
  238  to meet all the requirements for a pet dealer under state law,
  239  for a period of 5 years; and
  240         3. The convicted entity is required to qualify as a pet
  241  store under the applicable laws regulating pet stores in the
  242  jurisdiction of operation of the entity for a period of 5 years,
  243  if a transfer of an animal is made directly to the public.
  244         (c) An individual convicted of a violation of paragraph
  245  (5)(b) commits a felony of the third degree, punishable as
  246  provided in s. 775.082 or s. 775.083.
  247         (d) An individual convicted of a subsequent violation of
  248  paragraph (5)(b) commits a felony of the second degree,
  249  punishable as provided in s. 775.082 or s. 775.083.
  250         (7) The Commissioner of Agriculture shall report a
  251  suspected violation of paragraph (2)(a) or subsection (5) to the
  252  United States Department of Agriculture if:
  253         (a) The activity conducted is performed in commerce for
  254  compensation without a valid license or registration issued by
  255  the Regional Animal Care Office of the United States Department
  256  of Agriculture, Animal and Plant Health Inspection Service; and
  257         (b) The animal is either:
  258         1. Transferred by an entity or individual to another party
  259  for resale or adoption. The report must specify the findings of
  260  the transfer and must state that the entity or individual
  261  appears to be acting as a dealer under the Animal Welfare Act, 7
  262  U.S.C. ss. 2131 et seq., and the regulations under 9 C.F.R. ss.
  263  1.1 et seq.; or
  264         2. Transported by an entity or individual that is not the
  265  owner of the animal. The report must specify the findings of the
  266  transport and must state that the entity or individual appears
  267  to be transporting animals without registering under the Animal
  268  Welfare Act, 7 U.S.C. ss. 2131 et seq., and the regulations
  269  under 9 C.F.R. ss. 1.1 et seq.
  270         (8) The Commissioner of Agriculture or his or her designee
  271  shall bring an action in a court of competent jurisdiction
  272  against an entity or individual that violates this section.
  273         Section 2. Subsection (17) of section 828.29, Florida
  274  Statutes, is amended to read:
  275         828.29 Dogs and cats transported or offered for sale;
  276  health requirements; consumer guarantee.—
  277         (17)(a)Notwithstanding subsection (15), any of the
  278  following entities or individuals who violates subsection (1),
  279  subsection (2), subsection (3), or subsection (4) commits a
  280  felony of the third degree, punishable as provided in s. 775.082
  281  or s. 775.083:
  282         1.A public or private animal shelter.
  283         2.An animal rescue organization.
  284         3.A humane organization.
  285         4.An animal control agency operated by a humane
  286  organization or by a county, municipality, or other incorporated
  287  political subdivision.
  288         5.An individual transferring an animal to such shelter,
  289  organization, or agency.
  290         (b) Except as provided in paragraph (a) and as otherwise
  291  provided in this chapter, a person who violates any provision of
  292  this section commits a misdemeanor of the first degree,
  293  punishable as provided in s. 775.082 or s. 775.083.
  294         Section 3. This act shall take effect October 1, 2018.