HB 597

1	A bill to be entitled
2	An act relating to animal shelters and animal control
3	agencies; creating the "Animal Rescue Act"; creating
4	s. 828.067, F.S.; defining the terms "animal control
5	agency," "animal rescue group" or "rescue group," and
6	"animal shelter"; requiring any animal control agency
7	or animal shelter that euthanizes animals to maintain
8	a registry of animal rescue groups that are willing to
9	accept animals that would otherwise be subject to
10	euthanization; providing eligibility criteria for
11	rescue groups and persons desiring to be on the
12	euthanization registry; providing criteria under which
13	an animal control agency or animal shelter may reject
14	an applicant for the euthanization registry or remove
15	a participant from the registry; requiring that
16	certain specified information concerning an animal
17	rescue group be included in the group's application
18	for inclusion on the euthanasia registry; authorizing
19	the animal control agency or animal shelter to require
20	a rescue group or person to provide certain specified
21	data to the animal control agency or animal shelter
22	each month; prohibiting an animal control agency or
23	animal shelter from euthanizing an animal until the
24	animal control agency or animal shelter has notified
25	the appropriate animal rescue group or person listed
26	on the euthanization registry; providing exceptions to
27	the requirement to notify certain rescue groups;
28	authorizing an animal control agency or animal shelter
29	to assess a fee, not to exceed the standard adoption
30	fee, for each animal released to a rescue group;
31	requiring that each animal control agency or animal
32	shelter provide for public inspection certain
33	information on a monthly and annual basis; providing
34	an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  This act may be cited as the "Animal Rescue
39	Act."
40	Section 2.  Section 828.067, Florida Statutes, is created
41	to read:
42	828.067  Animal shelters and animal control agencies;
43	euthanization registry.-
44	(1)  As used in this section, the term:
45	(a)  "Animal control agency" means an organization operated
46	by or under contract with the state or a political subdivision
47	for the purpose of impounding or harboring seized, stray,
48	homeless, abandoned, or unwanted animals.
49	(b)  "Animal rescue group" or "rescue group" means a group
50	of persons who hold themselves out as an animal rescue group and
51	who accept or solicit dogs, cats, or other animals with the
52	intent of finding permanent adoptive homes or providing lifelong
53	care for such dogs, cats, or other animals and who use foster
54	homes as the primary means of housing animals, or a group of
55	persons formed for the prevention of cruelty to animals.
56	(c)  "Animal shelter" means a facility that is used for
57	housing or containing dogs, cats, or other animals and that is
58	owned, operated, or maintained by a humane society, an animal
59	welfare society, a society for the prevention of cruelty to
60	animals, or another nonprofit organization devoted to the
61	welfare, protection, and humane treatment of dogs, cats, or
62	other animals.
63	(2)  An animal control agency or animal shelter that
64	euthanizes animals shall maintain a registry of animal rescue
65	groups that are willing to accept animals that are subject to
66	euthanization.
67	(a)  The euthanization registry must consist of any animal
68	control agency, animal shelter, or animal rescue group that is
69	designated as an agency meeting the qualifications of s.
70	501(c)(3) of the Internal Revenue Code and that has requested
71	that its name be placed on the euthanization registry. Such an
72	agency, shelter, or rescue group must be included on the
73	euthanization registry regardless of the geographical location
74	of the agency, shelter, or rescue group and regardless of any
75	other factor except as described in subsection (3).
76	(b)  The euthanization registry may include, at the
77	discretion of the animal control agency or animal shelter, any
78	person or animal rescue group that has not met the
79	qualifications of s. 501(c)(3) of the Internal Revenue Code.
80	(3)  An animal control agency or animal shelter may refuse
81	to include a rescue group or person on the euthanization
82	registry or may remove it or the person from the euthanization
83	registry if a current director, officer, staff member, or
84	volunteer of the rescue group has been convicted in a court of
85	competent jurisdiction of a crime consisting of cruelty to
86	animals or neglect of animals, or if such charges are pending,
87	or if the rescue group is constrained by a court order that
88	prevents the rescue group from taking in or keeping animals. An
89	animal control agency or animal shelter may require the rescue
90	group to disclose any convictions, charges, or legal impediments
91	described in this subsection.
92	(4)  The euthanization registry must include the following
93	information provided by the rescue group:
94	(a)  The name of the rescue group or person.
95	(b)  The mailing address and telephone number.
96	(c)  The website and e-mail address, if any.
97	(d)  The emergency contact information for the rescue
98	group.
99	(e)  The types of animals about whom the rescue group
100	wishes to be contacted, including species type and breed.
101	(f)  A statement as to whether the rescue group is willing
102	and able to care for unweaned animals, sick or injured animals,
103	or animals with behavior problems.
104	(5)  An animal control agency or animal shelter may require
105	that a rescue group provide monthly for public inspection
106	information concerning the number of animals that:
107	(a)  Have been taken from an animal control agency or
108	animal shelter and placed with the rescue group;
109	(b)  Have been adopted;
110	(c)  Have died or have been euthanized; or
111	(d)  Remain in the care of the rescue group.
112
113	This information may be provided in an informal format, such as
114	via electronic mail. An animal control agency or animal shelter
115	may not demand additional information other than that described
116	in this subsection as a prerequisite for including a rescue
117	group on the euthanization registry or for continuing to
118	maintain the rescue group on the registry.
119	(6)  An animal control agency or animal shelter may not
120	euthanize an animal until the animal control agency or animal
121	shelter has notified, or made a reasonable attempt to notify,
122	all rescue groups or persons on the euthanization registry which
123	have indicated a willingness to take an animal of that type.
124	(a)  The notification must take place at least 24 hours
125	before the animal is scheduled to be euthanized.
126	(b)  At a minimum, the notification must include a
127	verifiable electronic communication. Notification to each rescue
128	group is considered complete when this has been accomplished.
129	(c)  An animal may not be euthanized if a rescue group or
130	person on the euthanization registry indicates a willingness to
131	take possession of the animal.
132	(d)  The rescue group or person agreeing to take possession
133	of the animal must do so within 2 business days after notifying
134	the animal control agency or animal shelter that has possession
135	of the animal.
136	(e)  The animal control agency or animal shelter may assess
137	a fee, not to exceed the standard adoption fee, for each animal
138	released to a rescue group.
139	(7)  The requirements of subsection (6) do not apply in the
140	following cases:
141	(a)  An irremediably suffering animal may be euthanized
142	without delay under s. 828.05.
143	(b)  A dangerous dog may be euthanized without delay under
144	s. 767.13.
145	(c)  Upon the impoundment of an unweaned animal without its
146	mother, an animal control agency or animal shelter that has not
147	placed the animal into foster care or is not able to provide
148	supplemental feeding shall immediately make an emergency appeal
149	to a rescue group or person on the euthanization registry who
150	has indicated a willingness to care for unweaned animals, and
151	shall give the rescue group or person a reasonable amount of
152	time, but not less than 8 hours, to respond to the appeal.
153	(8)  An animal control agency or animal shelter shall
154	provide for public inspection a monthly summary that includes
155	the number of animals, by species type, during the previous
156	month which:
157	(a)  Were impounded;
158	(b)  Were euthanized by the animal control agency or animal
159	shelter;
160	(c)  Died, were lost, or were stolen while in the direct or
161	constructive care of the animal control agency or animal
162	shelter;
163	(d)  Were returned to their owners;
164	(e)  Were adopted;
165	(f)  Were transferred to other organizations or rescue
166	groups; or
167	(g)  Remain in the custody of the agency or shelter.
168	(9)  Each animal control agency or animal shelter shall
169	provide for public inspection an annual summary that includes
170	the number of animals, by species type, during the previous
171	calendar year which:
172	(a)  Were impounded;
173	(b)  Were euthanized by the animal control agency or animal
174	shelter;
175	(c)  Died, were lost, or were stolen while in the direct or
176	constructive care of the animal control agency or animal
177	shelter;
178	(d)  Were returned to their owners;
179	(e)  Were adopted;
180	(f)  Were transferred to other organizations or rescue
181	groups; or
182	(g)  Remain in the custody of the agency or shelter.
183	Section 3.  This act shall take effect July 1, 2012.

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