Florida Senate - 2011                                    SB 1852
       
       
       
       By Senator Evers
       
       
       
       
       2-00674-11                                            20111852__
    1                        A bill to be entitled                      
    2         An act relating to animal shelters and animal control
    3         agencies; amending s. 823.15, F.S.; clarifying
    4         legislative intent and public policy; revising
    5         provisions requiring that all dogs and cats be
    6         sterilized by a licensed veterinarian before a shelter
    7         or animal control agency relinquishes custody of the
    8         animal or that the person adopting or purchasing the
    9         pet enter into a written agreement guaranteeing that
   10         the pet will be sterilized within 30 days after the
   11         adoption or purchase of the pet or prior to sexual
   12         maturity; revising provisions requiring the shelter or
   13         animal control agency to collect a deposit from the
   14         person adopting or purchasing the pet; clarifying that
   15         the deposit is refunded if the person presents written
   16         evidence to the shelter or animal control agency from
   17         a veterinarian that the animal has been sterilized;
   18         requiring each shelter or animal control agency within
   19         a county to annually report to the designated animal
   20         control agency for that county specified information;
   21         prohibiting a shelter or animal control agency from
   22         adopting animals to the public, transferring animals
   23         to another adopting agency, or euthanizing animals for
   24         any reason if the shelter or agency fails to file the
   25         annual report within a specified time; providing an
   26         effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 823.15, Florida Statutes, is amended to
   31  read:
   32         823.15 Dogs and cats released from animal shelters or
   33  animal control agencies; sterilization requirement.—
   34         (1) The Legislature has determined that uncontrolled
   35  breeding of dogs and cats in this the state results in the birth
   36  production of many more puppies and kittens than are needed to
   37  replace pet animals that which have died or become lost or to
   38  provide pet animals for new owners. This excessive birth rate
   39  leads to many dogs, cats, puppies, and kittens being unwanted,
   40  becoming strays, and suffering privation and death, and being
   41  impounded and destroyed at great expense to the community, thus
   42  and constituting a public nuisance and public health hazard. It
   43  is therefore declared to be the public policy of the state that
   44  every feasible means be used to reduce of reducing the birth
   45  production of unneeded and unwanted puppies and kittens be
   46  encouraged.
   47         (2) In furtherance of this policy, provision shall be made
   48  to sterilize for the sterilization of all dogs and cats sold or
   49  released for adoption from any public or private animal shelter
   50  or animal control agency operated by a humane society or by a
   51  county, municipality city, or other incorporated political
   52  subdivision of this state, by either:
   53         (a) Providing for the sterilization of all dogs and cats by
   54  a licensed veterinarian before relinquishing custody of the
   55  animal; or
   56         (b) Entering into a written agreement with the person
   57  adopting or purchasing the pet which guarantees adopter or
   58  purchaser guaranteeing that sterilization will be performed
   59  within 30 days after the adoption or purchase of the pet or
   60  prior to the animal’s sexual maturity.
   61         (3) The animal shelter or animal control agency shall
   62  require a sufficient deposit from the person adopting or
   63  purchasing the pet adopter or purchaser, which deposit shall be
   64  refunded after the person presents written evidence refundable
   65  upon presentation to the shelter or animal control agency from a
   66  of written evidence by the veterinarian performing the
   67  sterilization that the animal has been sterilized. The amount of
   68  the deposit or donation may be based upon recommended guidelines
   69  established by the Florida Federation of Humane Societies.
   70  Failure by either party to comply with the provisions of this
   71  section is paragraph shall be a noncriminal violation as defined
   72  in s. 775.08(3), punishable by a fine, forfeiture, or other
   73  civil penalty, and shall result in forfeiture of, in addition
   74  thereto, the deposit or donation shall be forfeited to the
   75  shelter or animal control agency. Any legal fees or court costs
   76  incurred in enforcing this section used for the enforcement of
   77  this paragraph are the responsibility of the person adopting the
   78  pet adopter. Upon the request of a licensed veterinarian, and
   79  for good cause shown a valid reason, the animal shelter or
   80  animal control agency may shall extend the time limit within
   81  which the animal must be sterilized.
   82         (4) Each public or private animal shelter or animal control
   83  agency shall annually report to the designated animal control
   84  agency for the county the following information:
   85         (a) The total number of animals taken in, by species, in
   86  the following categories:
   87         1. Surrendered by owner;
   88         2. Stray;
   89         3. Impounded;
   90         4. Confiscated; and
   91         5. Imported into the state.
   92  
   93  Feral cats and community cats shall be recorded separately from
   94  other cats. Species other than domestic cats and domestic dogs
   95  should be recorded as “other.”
   96         (b)The disposition of all animals taken in, by species, in
   97  the following categories:
   98         1. Adopted;
   99         2. Reclaimed by owner;
  100         3. Died in kennel;
  101         4. Destroyed at the owner’s request;
  102         5. Transferred to another releasing agency; and
  103         6. Euthanized.
  104  
  105  All euthanized animals shall be listed, with feral cats recorded
  106  separately from other cats.
  107         (c)If the animal shelter or animal control agency
  108  routinely euthanizes dogs based on size or breed alone, a
  109  statement of its euthanasia policy. The number of dogs
  110  euthanized due to breed, temperament, or size must be included
  111  in the number of euthanized animals listed under paragraph (b).
  112         (5) Any animal shelter or animal control agency that fails
  113  to report the information required pursuant to subsection (4)
  114  within 30 days after the annual reporting date may not adopt
  115  animals to the public, transfer animals to another adopting
  116  agency, or euthanize animals for any reason until the report is
  117  filed with the designated county animal control agency. Each
  118  county is authorized to enforce this subsection.
  119         (6)(3) All costs of sterilization conducted pursuant to
  120  this section by an animal shelter or animal control agency
  121  operated or subsidized by a unit of local government or by an
  122  organization that is subsidized by public funds shall be paid by
  123  the prospective adopter unless otherwise provided for by
  124  ordinance of the local governing body, with respect to animal
  125  control agencies or shelters operated or subsidized by a unit of
  126  local government, or provided for by the humane society
  127  governing body, with respect to an animal control agency or
  128  shelter operated solely by the humane society and not subsidized
  129  by public funds.
  130         (7)All sterilizations performed pursuant to this section
  131  shall be performed by a licensed veterinarian.
  132         Section 2. This act shall take effect July 1, 2011.