1 | A bill to be entitled |
2 | An act relating to sterilization of dogs and cats; |
3 | amending s. 823.15, F.S.; allowing release of a dog or cat |
4 | from an animal shelter, animal control agency, or animal |
5 | adoption group without compliance with sterilization |
6 | requirements if a licensed veterinarian certifies that the |
7 | dog or cat has a medical condition that would be |
8 | substantially aggravated by such procedure, the procedure |
9 | would likely cause the death of the dog or cat, or the |
10 | procedure would never be safe for the dog or cat; |
11 | providing for a written agreement under certain |
12 | circumstances; providing an effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Subsections (1) and (2) of section 823.15, |
17 | Florida Statutes, are amended to read: |
18 | 823.15 Dogs and cats released from animal shelters, or |
19 | animal control agencies, or animal adoption groups; |
20 | sterilization requirement.-- |
21 | (1) The Legislature has determined that uncontrolled |
22 | breeding of dogs and cats in the state results in the production |
23 | of many more puppies and kittens than are needed to replace pet |
24 | animals that which have died or become lost or to provide pet |
25 | animals for new owners. This leads to many dogs, cats, puppies, |
26 | and kittens being unwanted, becoming strays and suffering |
27 | privation and death, being impounded and destroyed at great |
28 | expense to the community, and constituting a public nuisance and |
29 | public health hazard. It is therefore declared to be the public |
30 | policy of the state that every feasible means of reducing the |
31 | production of unneeded and unwanted puppies and kittens be |
32 | encouraged. |
33 | (2) In furtherance of this policy, provision shall be made |
34 | for the sterilization by a licensed veterinarian of all dogs and |
35 | cats sold or released for adoption from any public or private |
36 | animal shelter or animal control agency operated by a humane |
37 | society, by an animal adoption group, or by a county, city, or |
38 | other incorporated political subdivision, unless a veterinarian |
39 | licensed to practice in this state certifies in writing that the |
40 | dog or cat has a medical condition that would be substantially |
41 | aggravated by such procedure or the procedure would likely cause |
42 | the death of the dog or cat, in which case the shelter or agency |
43 | shall release the dog or cat unsterilized and enter into a |
44 | written agreement with the adopter or purchaser to sterilize the |
45 | dog or cat as soon as deemed safe by a veterinarian licensed to |
46 | practice in this state. However, if a veterinarian licensed to |
47 | practice in this state deems that the procedure will never be |
48 | safe for the dog or cat, the shelter or agency shall release the |
49 | dog or cat unsterilized., by either: |
50 | (a) Providing sterilization by a licensed veterinarian |
51 | before relinquishing custody of the animal; or |
52 | (b) Entering into a written agreement with the adoptor or |
53 | purchaser guaranteeing that sterilization will be performed |
54 | within 30 days or prior to sexual maturity. The shelter or |
55 | animal control agency shall require a sufficient deposit from |
56 | the adoptor or purchaser, which deposit shall be refundable upon |
57 | presentation to the shelter or animal control agency of written |
58 | evidence by the veterinarian performing the sterilization that |
59 | the animal has been sterilized. The deposit or donation may be |
60 | based upon recommended guidelines established by the Florida |
61 | Federation of Humane Societies. Failure by either party to |
62 | comply with the provisions of this paragraph shall be a |
63 | noncriminal violation as defined in s. 775.08(3), punishable by |
64 | a fine, forfeiture, or other civil penalty, and, in addition |
65 | thereto, the deposit or donation shall be forfeited to the |
66 | shelter or animal control agency. Any legal fees or court costs |
67 | used for the enforcement of this paragraph are the |
68 | responsibility of the adoptor. Upon the request of a licensed |
69 | veterinarian, and for a valid reason, the shelter or animal |
70 | control agency shall extend the time limit within which the |
71 | animal must be sterilized. |
72 | Section 2. This act shall take effect July 1, 2009. |