Florida Senate - 2015                                    SB 1234
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00436A-15                                          20151234__
    1                        A bill to be entitled                      
    2         An act relating to companion animals; providing a
    3         short title; defining terms; directing animal shelters
    4         to take certain measures relating to the holding,
    5         care, treatment, and euthanasia of animals; providing
    6         exceptions; authorizing actions for declaratory or
    7         injunctive relief; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. (1) This act may be cited as the “Companion
   12  Animal Protection Act.”
   13         (2) As used in this section, the term:
   14         (a) “Animal shelter” means a public or private facility
   15  that:
   16         1. Has a physical structure that provides temporary or
   17  permanent shelter for stray, abandoned, abused, or owner
   18  surrendered animals.
   19         2. Is operated, owned, or maintained by a society for the
   20  prevention of cruelty to animals, humane society, pound, animal
   21  control officer, government entity, or contractor for a
   22  government entity.
   23         (b) “Irremediable physical suffering” means a poor or grave
   24  prognosis for being able to live without severe, unremitting
   25  pain, even with comprehensive, prompt, and necessary veterinary
   26  care, as certified in writing by a licensed veterinarian.
   27         (c) “Licensed veterinarian” means a person licensed to
   28  practice veterinary medicine in this state.
   29         (d) “Rescue organization” means an animal rescue
   30  organization, animal adoption organization, or organization
   31  formed for the prevention of cruelty to animals that is
   32  described in s. 501(c)(3) of the Internal Revenue Code and
   33  exempt from taxation under s. 501(a) of the Internal Revenue
   34  Code.
   35         (3)(a) An animal shelter shall:
   36         1. Take appropriate action to ensure that all animals are
   37  checked as soon as possible after impoundment for all currently
   38  available methods of identification, including microchips,
   39  identification tags, and licenses;
   40         2. Maintain continuously updated lists of animals reported
   41  lost and found and regularly check animals in the shelter for
   42  matches to such lists; and
   43         3. Post a photograph of and information regarding each
   44  stray animal impounded by the shelter on the Internet with
   45  sufficient detail to allow the animal to be recognized and
   46  claimed by its owner.
   47         (b) If a possible owner is identified, the animal shelter
   48  shall undertake due diligence to notify the owner or caretaker
   49  of the whereabouts of the animal and any procedures available
   50  for the lawful recovery of the animal. These efforts must
   51  include, but are not limited to, notifying the possible owner by
   52  telephone, mail, and personal service to his or her last known
   53  address.
   54         (4)(a) The required holding period for a stray animal
   55  impounded by an animal shelter is 5 business days, not including
   56  the day of impoundment. An animal must be held for owner
   57  redemption during the first 2 days of the holding period and be
   58  available for owner redemption, transfer, or adoption for the
   59  remainder of the holding period, except that if an animal is
   60  impounded with identification or the shelter knows the identity
   61  of the owner, the animal must be held for 5 days for owner
   62  redemption.
   63         (b) The required holding period for an owner-relinquished
   64  animal impounded by an animal shelter is the same as that for a
   65  stray animal, except that an owner-relinquished animal shall be
   66  available for owner redemption, transfer, or adoption for the
   67  entirety of the holding period.
   68         (c) This subsection does not apply to:
   69         1. A cat impounded for purposes of sterilization and
   70  release;
   71         2. An animal suspected to carry and exhibiting signs of
   72  rabies, as determined by a licensed veterinarian;
   73         3. A dog that, after physically attacking a person, has
   74  been determined by a court of competent jurisdiction to be
   75  dangerous pursuant to state law; or
   76         4. An animal experiencing irremediable physical suffering.
   77         (d) At any time after impound, an animal shelter may
   78  transfer an animal, except an animal arriving with
   79  identification or an animal with a known owner, to a nonprofit
   80  rescue organization or group, a private shelter, or an
   81  organization formed for the prevention of cruelty to animals if
   82  potential owners are given the same rights of reclamation given
   83  to owners of animals held at the animal shelter.
   84         (5)(a) During the entirety of its stay at an animal
   85  shelter, an animal must be provided:
   86         1. Fresh food and fresh water;
   87         2. Environmental enrichment to promote psychological well
   88  being, such as socialization, toys, and treats, and exercise as
   89  needed but not less than once daily, except that a dog
   90  exhibiting vicious behavior toward people or adjudged to be
   91  dangerous by a court of competent jurisdiction is not required
   92  to be exercised during the holding period;
   93         3. Prompt and necessary cleaning of its cage, kennel, or
   94  other living environment at least two times per day to prevent
   95  disease and to ensure an environment that is welcoming to the
   96  public and hygienic for both the public and the animal. The
   97  cleaning shall be conducted in accordance with a protocol
   98  developed in coordination with a licensed veterinarian and shall
   99  require that the animal be temporarily removed from its cage,
  100  kennel, or other living environment during the process of
  101  cleaning to prevent the animal from being exposed to water from
  102  hoses or sprays, cleaning solutions, detergents, solvents, or
  103  chemicals; and
  104         4. Prompt and necessary veterinary care, including, but not
  105  limited to, preventative vaccinations, cage rest, fluid therapy,
  106  and pain management or antibiotics sufficient to alleviate any
  107  pain caused by disease or injury, to prevent a condition from
  108  worsening, and to allow the animal to leave the shelter in
  109  reasonable condition.
  110         (b) An animal shelter shall work with a licensed
  111  veterinarian to develop and follow a care protocol for animals
  112  with special needs such as, but not limited to, nursing mothers,
  113  unweaned animals, sick or injured animals, extremely frightened
  114  animals, geriatric animals, or animals needing therapeutic
  115  exercise. The care protocol must specify any deviation from the
  116  standard requirements of paragraph (a) and the reasons for the
  117  deviation.
  118         (6)(a) At least 2 business days before the euthanasia of an
  119  animal, the animal shelter having care or custody of the animal
  120  shall:
  121         1. Notify or make a reasonable attempt to notify by
  122  verifiable written or electronic communication any rescue
  123  organization that has previously requested to be notified before
  124  animals at the shelter are euthanized; and
  125         2. Offer each rescue organization notified the opportunity
  126  to take possession of the animal to avoid the animal’s death.
  127         (b) An animal shelter may not euthanize an animal without
  128  making the notification required under this subsection.
  129         (7)(a) An animal shelter may not:
  130         1. Ban, bar, limit, or otherwise obstruct the adoption or
  131  transfer of an animal based on breed, breed mix, species, age,
  132  color, appearance, or size; or
  133         2. Euthanize an animal solely because the animal’s holding
  134  period has expired.
  135         (b) Before an animal is euthanized, the following
  136  conditions must be met:
  137         1. There are no empty cages, kennels, or other living
  138  environments in the animal shelter;
  139         2. The animal cannot share a cage or kennel with another
  140  animal;
  141         3. A foster home for the animal is not available;
  142         4. A rescue organization or group is not willing to accept
  143  the animal;
  144         5. The animal cannot be transferred to another shelter with
  145  room to house the animal;
  146         6. The animal is not a cat subject to sterilization and
  147  release;
  148         7. All mandates, programs, and services of this section
  149  have been met; and
  150         8. The director of the animal shelter certifies that he or
  151  she has no other alternative.
  152         (c) The determination that all conditions of paragraph (b)
  153  have been met shall be made in writing, signed by the director
  154  of the animal shelter, and made available for free public
  155  inspection for at least 3 years.
  156         (8)(a) An animal impounded by an animal shelter may only be
  157  euthanized when necessary and consistent with the requirements
  158  of this section by lethal intravenous injection of sodium
  159  pentobarbital, except as follows:
  160         1. Intraperitoneal injection may be used only under the
  161  direction of a licensed veterinarian and only when intravenous
  162  injection is not possible for an infant animal, for a companion
  163  animal other than a cat or dog, or for a comatose animal with
  164  depressed vascular function.
  165         2. Intracardiac injection may be used only when intravenous
  166  injection is not possible for an animal that is completely
  167  unconscious or comatose, and then only by a licensed
  168  veterinarian.
  169         (b) The room in which an animal is euthanized must:
  170         1. Be cleaned and regularly disinfected as necessary, but
  171  not less than once per day on days the room is used, except that
  172  the specific area in the room where the procedure is performed
  173  shall be cleaned and disinfected between each procedure; and
  174         2. Have adequate ventilation that prevents the accumulation
  175  of odors.
  176         (c) An animal may not be allowed to witness any other
  177  animal being euthanized or being tranquilized or sedated for the
  178  purpose of being euthanized or to see the bodies of animals that
  179  have already been euthanized.
  180         (d) An animal must be sedated or tranquilized before being
  181  euthanized as necessary to minimize its stress or discomfort or,
  182  in the case of a vicious animal, to ensure staff safety, except
  183  that neuromuscular blocking agents may not be used.
  184         (e) Following its lethal injection, an animal must be
  185  lowered to the surface on which it is being held and may not be
  186  allowed to drop or otherwise collapse without support.
  187         (f) An animal may not be left unattended between the time
  188  procedures to euthanize the animal are commenced and the time
  189  death occurs.
  190         (g) The body of an animal may not be disposed of until
  191  death is verified.
  192         (9) Verification of death shall be confirmed for each
  193  animal when all of the following conditions exist:
  194         (a) Lack of heartbeat, verified by a stethoscope.
  195         (b) Lack of respiration, verified by observation.
  196         (c) Pale, bluish gums and tongue, verified by observation.
  197         (d) Lack of eye response, verified by the eyelid not
  198  blinking when the eye is touched and by the pupil remaining
  199  dilated when a light is shined on it.
  200         (10) A person other than a licensed veterinarian or a
  201  euthanasia technician certified by the state euthanasia
  202  certification program may not perform the procedures referenced
  203  in subsections (8) and (9).
  204         (11) A person may compel an animal shelter to follow the
  205  requirements of this section through an action for declaratory
  206  or injunctive relief or any other appropriate remedy of law that
  207  will compel compliance.
  208         Section 2. This act shall take effect July 1, 2015.