Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 818 Barcode 902884 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/23/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Bennett) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. This act may be cited as the “Animal Rescue 6 Act.” 7 Section 2. Section 828.067, Florida Statutes, is created to 8 read: 9 828.067 Animal shelters and animal control agencies; 10 euthanization registry.— 11 (1) As used in this section, the term: 12 (a) “Animal control agency” means an organization operated 13 by or under contract with the state or a political subdivision 14 for the purpose of impounding or harboring seized, stray, 15 homeless, abandoned, or unwanted animals. 16 (b) “Animal rescue group” or “rescue group” means a group 17 of persons who hold themselves out as an animal rescue group and 18 who accept or solicit dogs, cats, or other animals with the 19 intent of finding permanent adoptive homes or providing lifelong 20 care for such dogs, cats, or other animals and who use foster 21 homes as the primary means of housing animals, or a group of 22 persons formed for the prevention of cruelty to animals. 23 (c) “Animal shelter” means a facility that is used for 24 housing or containing dogs, cats, or other animals and that is 25 owned, operated, or maintained by a humane society, an animal 26 welfare society, a society for the prevention of cruelty to 27 animals, or another nonprofit organization devoted to the 28 welfare, protection, and humane treatment of dogs, cats, or 29 other animals. 30 (2) An animal control agency or animal shelter that 31 euthanizes animals shall maintain a registry of animal rescue 32 groups that are willing to accept animals that are subject to 33 euthanization. 34 (a) The euthanization registry must consist of any animal 35 control agency, animal shelter, or animal rescue group that is 36 designated as an agency meeting the qualifications of s. 37 501(c)(3) of the Internal Revenue Code and that has requested 38 that its name be placed on the euthanization registry. Such an 39 agency, shelter, or rescue group must be included on the 40 euthanization registry regardless of the geographical location 41 of the agency, shelter, or rescue group and regardless of any 42 other factor except as described in subsection (3). 43 (b) The euthanization registry may include, at the 44 discretion of the animal control agency or animal shelter, any 45 person or animal rescue group that has not met the 46 qualifications of s. 501(c)(3) of the Internal Revenue Code. 47 (3) An animal control agency or animal shelter may refuse 48 to include a rescue group or person on the euthanization 49 registry or may remove it or the person from the euthanization 50 registry if a current director, officer, staff member, or 51 volunteer of the rescue group has been convicted in a court of 52 competent jurisdiction of a crime consisting of cruelty to 53 animals or neglect of animals, or if such charges are pending, 54 or if the rescue group is constrained by a court order that 55 prevents the rescue group from taking in or keeping animals. An 56 animal control agency or animal shelter may require the rescue 57 group to disclose any convictions, charges, or legal impediments 58 described in this subsection. 59 (4) The euthanization registry must include the following 60 information provided by the rescue group: 61 (a) The name of the rescue group or person. 62 (b) The mailing address and telephone number. 63 (c) The website and e-mail address, if any. 64 (d) The emergency contact information for the rescue group. 65 (e) The types of animals about whom the rescue group wishes 66 to be contacted, including species type and breed. 67 (f) A statement as to whether the rescue group is willing 68 and able to care for unweaned animals, sick or injured animals, 69 or animals that have behavior problems. 70 (5) An animal control agency or animal shelter may require 71 that a rescue group provide monthly for public inspection 72 information concerning the number of animals that: 73 (a) Have been taken from an animal control agency or animal 74 shelter and placed with the rescue group; 75 (b) Have been adopted; 76 (c) Have died or have been euthanized; or 77 (d) Remain in the care of the rescue group. 78 79 This information may be provided in an informal format, such as 80 via electronic mail. An animal control agency or animal shelter 81 may require additional information other than that described in 82 this subsection as a prerequisite for including a rescue group 83 on the euthanization registry or for continuing to maintain the 84 rescue group on the registry. 85 (6) An animal control agency or animal shelter may not 86 euthanize an animal until the animal control agency or animal 87 shelter has notified, or made a reasonable attempt to notify, 88 all rescue groups or persons on the euthanization registry who 89 have indicated a willingness to take an animal of that type. 90 (a) The notification must take place at least 24 hours 91 before the animal is scheduled to be euthanized. 92 (b) At a minimum, the notification must include a 93 verifiable electronic communication. Notification to each rescue 94 group is considered complete when this has been accomplished. 95 (c) An animal may not be euthanized if a rescue group or 96 person on the euthanization registry indicates a willingness to 97 take possession of the animal. 98 (d) The rescue group or person agreeing to take possession 99 of the animal must do so within 2 business days after notifying 100 the animal control agency or animal shelter that has possession 101 of the animal. 102 (e) The holding periods described in paragraphs (a) and (d) 103 must run concurrently with any holding period required by a 104 local ordinance or other provision of state law and are not in 105 addition to those mandated holding periods. A holding period for 106 a healthy animal may not, however, be less than a total of 3 107 days as described in paragraphs (a) and (d). 108 (f) The animal control agency or animal shelter may assess 109 a fee, not to exceed the standard adoption fee, for each animal 110 released to a rescue group. 111 (7) The requirements of subsection (6) do not apply in the 112 following cases: 113 (a) An irremediably suffering animal may be euthanized 114 without delay under s. 828.05. 115 (b) A dangerous dog may be euthanized without delay under 116 s. 767.13. 117 (c) Upon the impoundment of an unweaned animal without its 118 mother, an animal control agency or animal shelter that has not 119 placed the animal into foster care or is not able to provide 120 supplemental feeding shall immediately make an emergency appeal 121 to a rescue group or person on the euthanization registry who 122 has indicated a willingness to care for unweaned animals, and 123 shall give the rescue group or person a reasonable amount of 124 time, but not less than 8 hours, to respond to the appeal. 125 (8) An animal control agency or animal shelter shall 126 provide for public inspection a monthly and annual summary that 127 includes the number of animals, by species type, during the 128 previous month which were taken in by the animal control agency 129 or animal shelter and which were: 130 (a) Surrendered by the owner; 131 (b) Picked up as a stray; 132 (c) Confiscated by the animal control agency or animal 133 shelter; or 134 (d) Imported into the state. 135 (9) An animal control agency or animal shelter shall 136 provide for public inspection a monthly summary that includes 137 the number of animals, by species type, during the previous 138 month which: 139 (a) Were impounded; 140 (b) Were euthanized by the animal control agency or animal 141 shelter; 142 (c) Died, were lost, or were stolen while in the direct or 143 constructive care of the animal control agency or animal 144 shelter; 145 (d) Were returned to their owners; 146 (e) Were adopted; 147 (f) Were transferred to other organizations or rescue 148 groups; or 149 (g) Remain in the custody of the agency or shelter. 150 (10) Each animal control agency or animal shelter shall 151 provide for public inspection an annual summary that includes 152 the number of animals, by species type, during the previous 153 calendar year which: 154 (a) Were impounded; 155 (b) Were euthanized by the animal control agency or animal 156 shelter; 157 (c) Died, were lost, or were stolen while in the direct or 158 constructive care of the animal control agency or animal 159 shelter; 160 (d) Were returned to their owners; 161 (e) Were adopted; 162 (f) Were transferred to other organizations or rescue 163 groups; or 164 (g) Remain in the custody of the agency or shelter. 165 Section 3. This act shall take effect July 1, 2012. 166 167 ================= T I T L E A M E N D M E N T ================ 168 And the title is amended as follows: 169 Delete everything before the enacting clause 170 and insert: 171 A bill to be entitled 172 An act relating to animal shelters and animal control 173 agencies; creating the “Animal Rescue Act”; creating 174 s. 828.067, F.S.; defining the terms “animal control 175 agency,” “animal rescue group” or “rescue group,” and 176 “animal shelter”; requiring any animal control agency 177 or animal shelter that euthanizes animals to maintain 178 a registry of animal rescue groups that are willing to 179 accept animals that would otherwise be subject to 180 euthanization; providing eligibility criteria for 181 rescue groups and persons desiring to be on the 182 euthanization registry; providing criteria under which 183 an animal control agency or animal shelter may reject 184 an applicant for the euthanization registry or remove 185 a participant from the registry; requiring that 186 certain specified information concerning an animal 187 rescue group be included in the group’s application 188 for inclusion on the euthanasia registry; authorizing 189 an animal control agency or animal shelter to require 190 a rescue group or person to provide specified data to 191 the animal control agency or animal shelter each 192 month; prohibiting an animal control agency or animal 193 shelter from euthanizing an animal until the animal 194 control agency or animal shelter has notified the 195 appropriate animal rescue group or person listed on 196 the euthanization registry; requiring that a rescue 197 group or person agreeing to take possession of the 198 animal do so within a specified time; providing for a 199 required minimum holding period for a healthy animal; 200 providing exceptions to the requirement to notify a 201 rescue group and to abide by the minimum holding 202 period; authorizing an animal control agency or animal 203 shelter to assess a fee, not to exceed the standard 204 adoption fee, for each animal released to a rescue 205 group; requiring that each animal control agency or 206 animal shelter provide for public inspection certain 207 information on a monthly and annual basis; providing 208 an effective date.