HB 1337

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


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