HB 219

1	A bill to be entitled
2	An act relating to the Gertrude Maxwell Save a Pet Act;
3	providing a short title; creating s. 570.236, F.S.;
4	creating a direct-support organization for the Department
5	of Agriculture and Consumer Services; providing for the
6	organization and operation of the direct-support
7	organization; providing for a contract; providing for a
8	board of directors; providing for the use of property,
9	facilities, and personal services of the Department of
10	Agriculture and Consumer Services by the direct-support
11	organization; providing restrictions; providing for the
12	deposit of moneys; providing for an annual audit;
13	providing limits on the direct-support organization;
14	specifying inapplicability of potentially conflicting
15	provision of law; providing an effective date.
16
17	WHEREAS, it is estimated that over 800,000 homeless,
18	discarded, abandoned, stray, and unclaimed dogs and cats are
19	euthanized in the state each year, and
20	WHEREAS, in 7 years one female cat and her offspring can
21	theoretically produce 420,000 cats, and in 6 years one female
22	dog and her offspring can theoretically produce 67,000 dogs, and
23	WHEREAS, the cost to spay or neuter pets and feral cats is
24	about $20-$70 per animal, while the approximate cost to capture,
25	house, feed, and eventually euthanize a homeless animal is about
26	$100, and
27	WHEREAS, reducing euthanasia of unwanted animals can save
28	lives of companion animals and potential service animals and
29	save tax dollars and many homeless animals can be trained as
30	service animals and therapy animals, NOW, THEREFORE,
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  This act may be cited as the "Gertrude Maxwell
35	Save a Pet Act."
36	Section 2.  Section 570.236, Florida Statutes, is created
37	to read:
38	570.236  Gertrude Maxwell Save a Pet Direct-Support
39	Organization.--
40	(1)  AUTHORITY.--The Department of Agriculture and Consumer
41	Services is authorized to create a direct-support organization
42	to prevent animal cruelty, assist pet overpopulation management,
43	provide grants to animal shelters for the purpose of spaying and
44	neutering, and reduce the need for euthanasia of animals, which
45	shall be designated the Gertrude Maxwell Save a Pet Direct-
46	Support Organization.
47	(a)  The direct-support organization must be a Florida
48	corporation not for profit, incorporated under the provisions of
49	chapter 617. The direct-support organization shall be exempt
50	from paying fees under s. 617.0122.
51	(b)  The direct-support organization shall be organized and
52	operated to conduct programs and activities; raise funds;
53	request and receive grants, gifts, and bequests of moneys;
54	acquire, receive, hold, invest, and administer, in its own name,
55	securities, funds, objects of value, or other property, real or
56	personal; and make expenditures to or for the direct or indirect
57	benefit of the purposes of preventing animal cruelty, assisting
58	pet overpopulation management, providing grants to animal
59	shelters for spaying and neutering, and reducing the need for
60	euthanasia of animals.
61	(c)  If the Commissioner of Agriculture determines the
62	direct-support organization is operating in a manner that is
63	inconsistent with the goals and purposes of the Department of
64	Agriculture and Consumer Services or not acting in the best
65	interest of the state, the commissioner may terminate the
66	contract and thereafter the organization may not use the
67	department's name.
68	(2)  CONTRACT.--The direct-support organization shall
69	operate under a written contract with the Department of
70	Agriculture and Consumer Services. The written contract must, at
71	a minimum, provide for:
72	(a)  Approval of the articles of incorporation and bylaws
73	of the direct-support organization by the Commissioner of
74	Agriculture.
75	(b)  Submission of an annual budget for approval by the
76	Commissioner of Agriculture.
77	(c)  The reversion without penalty to the Department of
78	Agriculture and Consumer Services or to the state, if the
79	Department of Agriculture and Consumer Services ceases to exist,
80	of all moneys and property held in trust by the direct-support
81	organization to be used for the prevention of cruelty to animals
82	and pet overpopulation management if the direct-support
83	organization ceases to exist or if the contract is terminated.
84	(d)  The fiscal year of which must begin July 1 of each
85	year and end June 30 of the following year.
86	(e)  The disclosure of material provisions of the contract
87	and the distinction between the Department of Agriculture and
88	Consumer Services and the direct-support organization to donors
89	of gifts, contributions, or bequests, as well as on all
90	promotional and fundraising publications.
91	(3)  BOARD OF DIRECTORS.--The Commissioner of Agriculture
92	shall appoint a board of directors for the direct-support
93	organization. The commissioner may designate employees of the
94	Department of Agriculture and Consumer Services to serve on the
95	board of directors. Members of the board shall serve at the
96	pleasure of the commissioner.
97	(4)  USE OF PROPERTY AND SERVICES.--The Commissioner of
98	Agriculture:
99	(a)  May authorize the use of facilities and property other
100	than moneys that are owned by the Department of Agriculture and
101	Consumer Services to be used by the direct-support organization.
102	(b)  May authorize the use of personal services provided by
103	employees of the Department of Agriculture and Consumer
104	Services. For the purposes of this section, the term "personal
105	services" includes full-time personnel and part-time personnel
106	as well as payroll processing.
107	(c)  May prescribe the conditions under which the direct-
108	support organization may use property, facilities, or personal
109	services of the office.
110	(d)  Shall not authorize the use of property, facilities,
111	or personal services of the direct-support organization if the
112	organization does not provide equal employment opportunities to
113	all persons, regardless of race, color, religion, sex, age, or
114	national origin.
115	(5)  MONEYS.--Moneys of the direct-support organization may
116	be held in a separate depository account in the name of the
117	direct-support organization and shall be subject to the
118	provisions of the contract with the Department of Agriculture
119	and Consumer Services.
120	(6)  ANNUAL AUDIT.--The direct-support organization shall
121	provide for an annual financial audit in accordance with s.
122	215.981.
123	(7)  LIMITS ON DIRECT-SUPPORT ORGANIZATION.--The direct-
124	direct-support organization shall not exercise any power under
125	s. 617.0302(12) or (16). No state employee shall receive
126	compensation from the direct-support organization for service on
127	the board of directors or for services rendered to the direct-
128	support organization.
129	(8)  INAPPLICABILITY OF SECTION 570.903.--The provisions of
130	s. 570.903 do not apply to the direct-support organization
131	created by this section.
132	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.