Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 674
       
       
       
       
       
       
                                Barcode 746520                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/11/2013           .                                
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       The Committee on Agriculture (Montford) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Section 823.15, Florida Statutes, is amended to
    7  read:
    8         (Substantial rewording of section.
    9         See s. 823.15, F.S., for present text.)
   10         823.15 Dogs and cats taken in and released from animal
   11  shelters, humane organizations, or animal control agencies of a
   12  county, municipality, or other incorporated political
   13  subdivisions; sterilization requirement; reporting
   14  requirements.—
   15         (1) The Legislature has determined that the importation of
   16  dogs and cats into and the uncontrolled breeding of dogs and
   17  cats in this state pose risks to the well-being of dogs and
   18  cats, the health of humans and other animals, and the
   19  agricultural interests in this state. Importation of dogs and
   20  cats from outside the state and country and uncontrolled
   21  breeding could result in the transmission of diseases that had
   22  been eradicated in this state to dogs and cats, other animals,
   23  and humans living in this state.
   24         (2) In furtherance of this concern, provision shall be made
   25  for the sterilization of all dogs and cats sold or released for
   26  adoption from any public or private animal shelter, humane
   27  organization, or animal control agency operated by a county,
   28  municipality, or other incorporated political subdivision, by
   29  either:
   30         (a) Providing sterilization by a licensed veterinarian
   31  before relinquishing custody of the animal; or
   32         (b) Entering into a written agreement with the adopter or
   33  purchaser guaranteeing that sterilization will be performed
   34  within 30 days after adoption or purchase or prior to sexual
   35  maturity. The shelter or animal control agency shall require a
   36  sufficient deposit or donation from the adopter or purchaser,
   37  which deposit shall be refundable upon presentation to the
   38  shelter or animal control agency of written evidence by the
   39  veterinarian performing the sterilization that the animal has
   40  been sterilized. The deposit may be based upon recommended
   41  guidelines established by the Florida Federation of Humane
   42  Societies. Failure by either party to comply with the provisions
   43  of this paragraph is a noncriminal violation as defined in s.
   44  775.08, punishable by a fine, forfeiture, or other civil
   45  penalty, and, in addition thereto, the deposit shall be
   46  forfeited to the shelter or animal control agency. Any legal
   47  fees or court costs used for the enforcement of this paragraph
   48  are the responsibility of the adopter or purchaser. Upon the
   49  request of a licensed veterinarian, and for a valid reason, the
   50  animal shelter or animal control agency shall extend the time
   51  limit within which the dog or cat must be sterilized.
   52         (3)(a) Also in furtherance of this concern, provision shall
   53  be made for the reporting of statistics and data related to dogs
   54  and cats taken in and the ultimate disposition of the dog or
   55  cat. Each public or private animal shelter, including each
   56  animal shelter, humane organization, and animal control agency
   57  of a county, municipality, or other political subdivision that
   58  receives public funding shall prepare and maintain the following
   59  records on a monthly and annual basis using the calendar year
   60  and make the records available for public inspection and
   61  dissemination no later than 5 business days after the end of the
   62  each calendar month:
   63         1. The total number of dogs and cats taken in by the animal
   64  shelter, humane organization, or animal control agency of a
   65  county, municipality, or other incorporated political
   66  subdivision, divided by dogs and cats, in the following
   67  categories:
   68         a. Shelter count on the first day of each month;
   69         b. Stray;
   70         c. Impounded involuntarily;
   71         d. Relinquished by owner;
   72         e. Born in shelter;
   73         f. Owner requested euthanasia;
   74         g. Transferred in or imported from within this state; and
   75         e. Transferred in or imported from out of the state.
   76         2. The disposition of all dogs and cats taken into the
   77  animal shelter, humane organization, or animal control agency of
   78  a county, municipality, or other incorporated political
   79  subdivision, divided by dogs and cats, in the following
   80  categories:
   81         a. Adoption;
   82         b. Reclaimed by owner;
   83         c. Transferred out or exported within the state;
   84         d. Transferred out or exported to another state;
   85         e. Released in field;
   86         f. Shelter euthanasia;
   87         g. Owner requested euthanasia;
   88         h. Died in care in the shelter;
   89         i. Lost while in care; missing animals or records; and
   90         j. Shelter count on the last day of the month.
   91         (b)Each animal shelter, humane organization, or animal
   92  control agency of a county, municipality, or other incorporated
   93  political subdivision, that receives public funding and which
   94  routinely euthanizes dogs based on the dog’s size or breed alone
   95  must have a written policy statement to that effect and post the
   96  written policy statement prominently at the shelter’s site. Dogs
   97  euthanized due to breed, temperament, or size must be recorded
   98  and included in the calculation of the total euthanasia
   99  percentage as part of the monthly reporting requirement.
  100         (c) Each animal shelter, humane organization or animal
  101  control agency of a county, municipality, or other incorporated
  102  political subdivision shall make the records of the specified
  103  information available, if requested, as required by chapter 119.
  104  The entities referenced above that have Internet access may post
  105  the required records online. Each record must be maintained
  106  onsite for not less than 3 years.
  107         (4) All costs of sterilization generated pursuant to this
  108  section shall be paid by the prospective adopter unless
  109  otherwise provided for by ordinance of the local governing body,
  110  with respect to animal control agencies or shelters operated or
  111  subsidized by a unit of local government, or provided for by the
  112  humane society governing body, with respect to an animal control
  113  agency or shelter operated solely by the humane society and not
  114  subsidized by public funds.
  115         Section 2. This act shall take effect July 1, 2013.
  116  
  117  ================= T I T L E  A M E N D M E N T ================
  118         And the title is amended as follows:
  119         Delete everything before the enacting clause
  120  and insert:
  121                        A bill to be entitled                      
  122         An act relating to animal shelters and animal control
  123         agencies; amending s. 823.15, F.S.; declaring
  124         legislative intent relating to the importation and
  125         uncontrolled breeding of dogs and cats; providing for
  126         the sterilization of all dogs and cats sold or
  127         released for adoption from an animal shelter, humane
  128         organization, or animal control agency; requiring the
  129         animal shelter, humane organization, or animal control
  130         agency operated by a county, municipality, or other
  131         incorporated political subdivision to enter into a
  132         written agreement with an adopter or purchaser of the
  133         dog or cat to guarantee the dog or cat will be
  134         sterilized by a specified date; requiring a deposit to
  135         ensure the sterilization of the dog or cat; requiring
  136         that each public or private animal shelter, humane
  137         organization, or animal control agency operated by a
  138         county, municipality, or other incorporated political
  139         subdivision prepare and maintain specified records;
  140         specifying the information and data that must be
  141         included in the records; declaring that the records be
  142         maintained and distributed pursuant to ch. 119, F.S.;
  143         requiring that all costs of sterilization generated
  144         pursuant to this section be paid by the prospective
  145         adopter unless otherwise provided for by ordinance of
  146         the local governing body; providing an effective date.