| 1 | A bill to be entitled |
| 2 | An act relating to sterilization of dogs and cats; |
| 3 | amending s. 823.15, F.S.; allowing release of a dog or cat |
| 4 | from an animal shelter, animal control agency, or animal |
| 5 | adoption group without compliance with sterilization |
| 6 | requirements if a licensed veterinarian certifies that the |
| 7 | dog or cat has a medical condition that would be |
| 8 | substantially aggravated by such procedure, the procedure |
| 9 | would likely cause the death of the dog or cat, or the |
| 10 | procedure would never be safe for the dog or cat; |
| 11 | providing for a written agreement under certain |
| 12 | circumstances; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsections (1) and (2) of section 823.15, |
| 17 | Florida Statutes, are amended to read: |
| 18 | 823.15 Dogs and cats released from animal shelters, or |
| 19 | animal control agencies, or animal adoption groups; |
| 20 | sterilization requirement.-- |
| 21 | (1) The Legislature has determined that uncontrolled |
| 22 | breeding of dogs and cats in the state results in the production |
| 23 | of many more puppies and kittens than are needed to replace pet |
| 24 | animals that which have died or become lost or to provide pet |
| 25 | animals for new owners. This leads to many dogs, cats, puppies, |
| 26 | and kittens being unwanted, becoming strays and suffering |
| 27 | privation and death, being impounded and destroyed at great |
| 28 | expense to the community, and constituting a public nuisance and |
| 29 | public health hazard. It is therefore declared to be the public |
| 30 | policy of the state that every feasible means of reducing the |
| 31 | production of unneeded and unwanted puppies and kittens be |
| 32 | encouraged. |
| 33 | (2) In furtherance of this policy, provision shall be made |
| 34 | for the sterilization by a licensed veterinarian of all dogs and |
| 35 | cats sold or released for adoption from any public or private |
| 36 | animal shelter or animal control agency operated by a humane |
| 37 | society, by an animal adoption group, or by a county, city, or |
| 38 | other incorporated political subdivision, unless a veterinarian |
| 39 | licensed to practice in this state certifies in writing that the |
| 40 | dog or cat has a medical condition that would be substantially |
| 41 | aggravated by such procedure or the procedure would likely cause |
| 42 | the death of the dog or cat, in which case the shelter or agency |
| 43 | shall release the dog or cat unsterilized and enter into a |
| 44 | written agreement with the adopter or purchaser to sterilize the |
| 45 | dog or cat as soon as deemed safe by a veterinarian licensed to |
| 46 | practice in this state. However, if a veterinarian licensed to |
| 47 | practice in this state deems that the procedure will never be |
| 48 | safe for the dog or cat, the shelter or agency shall release the |
| 49 | dog or cat unsterilized., by either: |
| 50 | (a) Providing sterilization by a licensed veterinarian |
| 51 | before relinquishing custody of the animal; or |
| 52 | (b) Entering into a written agreement with the adoptor or |
| 53 | purchaser guaranteeing that sterilization will be performed |
| 54 | within 30 days or prior to sexual maturity. The shelter or |
| 55 | animal control agency shall require a sufficient deposit from |
| 56 | the adoptor or purchaser, which deposit shall be refundable upon |
| 57 | presentation to the shelter or animal control agency of written |
| 58 | evidence by the veterinarian performing the sterilization that |
| 59 | the animal has been sterilized. The deposit or donation may be |
| 60 | based upon recommended guidelines established by the Florida |
| 61 | Federation of Humane Societies. Failure by either party to |
| 62 | comply with the provisions of this paragraph shall be a |
| 63 | noncriminal violation as defined in s. 775.08(3), punishable by |
| 64 | a fine, forfeiture, or other civil penalty, and, in addition |
| 65 | thereto, the deposit or donation shall be forfeited to the |
| 66 | shelter or animal control agency. Any legal fees or court costs |
| 67 | used for the enforcement of this paragraph are the |
| 68 | responsibility of the adoptor. Upon the request of a licensed |
| 69 | veterinarian, and for a valid reason, the shelter or animal |
| 70 | control agency shall extend the time limit within which the |
| 71 | animal must be sterilized. |
| 72 | Section 2. This act shall take effect July 1, 2009. |