| 1 | A bill to be entitled |
| 2 | An act relating to sterilization of dogs and cats; |
| 3 | creating s. 828.35, F.S.; requiring the sterilization of |
| 4 | dogs and cats of a specified age; providing exceptions; |
| 5 | authorizing a county or municipality to enact ordinances |
| 6 | requiring the licensure of dogs and cats that are not |
| 7 | sterilized; requiring the Department of Agriculture and |
| 8 | Consumer Services to adopt rules for the approval of breed |
| 9 | registration organizations; providing penalties; amending |
| 10 | s. 823.15, F.S.; conforming requirements for the |
| 11 | sterilization of dogs and cats in animal shelters and |
| 12 | animal control agencies to the changes made by the act; |
| 13 | deleting a provision extending the time for sterilization; |
| 14 | amending s. 828.27, F.S.; revising definitions; |
| 15 | authorizing county and municipal ordinances relating to |
| 16 | sterilization of animals; authorizing a county or |
| 17 | municipality to collect a surcharge on civil penalties; |
| 18 | providing an effective date. |
| 19 |
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| 20 | WHEREAS, pet overpopulation is a preventable problem that |
| 21 | can be solved simply by spaying or neutering companion animals, |
| 22 | and |
| 23 | WHEREAS, many euthanized dogs and cats are the offspring of |
| 24 | family pets, and |
| 25 | WHEREAS, one unneutered male dog or cat can impregnate |
| 26 | dozens of females, leading to hundreds of unwanted animals, and |
| 27 | WHEREAS, spaying and neutering are reasonably safe |
| 28 | procedures performed by licensed veterinarians to prevent dogs |
| 29 | and cats from reproducing through surgical sterilization of an |
| 30 | animal's reproductive system, and |
| 31 | WHEREAS, in addition to reducing pet overpopulation, |
| 32 | spaying and neutering have other positive effects, including |
| 33 | decreased aggression and temperament problems; reduced risk of |
| 34 | cancer; decreased drive to roam in search of a mate or fight |
| 35 | with other animals; and decreased tendency of males to urinate |
| 36 | to mark territory, NOW, THEREFORE, |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
|
| 40 | Section 1. Section 828.35, Florida Statutes, is created to |
| 41 | read: |
| 42 | 828.35 Sterilization of dogs and cats; exceptions; |
| 43 | penalties.-- |
| 44 | (1) The owner of every dog or cat in this state must |
| 45 | provide sterilization of the animal by a veterinarian licensed |
| 46 | under chapter 474 within 30 days after the animal reaches 4 |
| 47 | months of age or 30 days after the owner takes custody of the |
| 48 | animal, whichever occurs later. This subsection does not apply |
| 49 | to an animal exempt from sterilization under subsection (2). |
| 50 | (2)(a) A dog or cat is exempt from sterilization if a |
| 51 | licensed veterinarian has examined the animal and has certified |
| 52 | in writing that, at the time of examination, sterilization would |
| 53 | endanger the animal's health because of its age, infirmity, |
| 54 | disability, illness, or other medical consideration. An exempt |
| 55 | animal must be sterilized as soon as its health permits, except |
| 56 | as otherwise provided in this subsection. |
| 57 | (b) The governing body of a county or municipality is |
| 58 | authorized to enact ordinances that require the licensure of the |
| 59 | following animals that shall be exempt from sterilization: |
| 60 | 1. A show animal registered with an established breed |
| 61 | registration organization approved by the Division of Animal |
| 62 | Industry of the Department of Agriculture and Consumer Services. |
| 63 | The department shall adopt rules under ss. 120.536(1) and 120.54 |
| 64 | to administer this subparagraph. |
| 65 | 2. A dog or cat that has earned, or is in the process of |
| 66 | earning, a competitive sports or training title, including, but |
| 67 | not limited to, agility, obedience, or herding. |
| 68 | 3. An animal trained, or in training, for use as a guide |
| 69 | dog or service animal. |
| 70 | 4. A dog trained, or in training, for use in law |
| 71 | enforcement, military, or rescue activities. |
| 72 | 5. An animal for which the owner has a valid breeding |
| 73 | permit issued in accordance with an ordinance of the county or |
| 74 | municipality. |
| 75 | (c) A greyhound racing dog that currently participates in |
| 76 | racing at a licensed parimutuel facility is exempt from |
| 77 | sterilization. An exempt animal must be sterilized upon |
| 78 | retirement from racing, except as otherwise provided in this |
| 79 | subsection. |
| 80 | (3) Effective July 1, 2010, a person who violates |
| 81 | subsection (1): |
| 82 | (a) For a first offense commits a civil infraction, |
| 83 | punishable as provided in s. 828.27(2), except the minimum civil |
| 84 | penalty is $100. |
| 85 | (b) For a second offense commits a civil infraction, |
| 86 | punishable as provided in s. 828.27(2), except the minimum civil |
| 87 | penalty is $250. |
| 88 | (c) For a third or subsequent offense commits a |
| 89 | misdemeanor of the second degree, punishable as provided in s. |
| 90 | 775.082 or s. 775.083. |
| 91 | (4) This section does not prohibit or limit a county or |
| 92 | municipality from establishing requirements that are more |
| 93 | stringent than this section. |
| 94 | Section 2. Subsection (2) of section 823.15, Florida |
| 95 | Statutes, is amended to read: |
| 96 | 823.15 Dogs and cats released from animal shelters or |
| 97 | animal control agencies; sterilization requirement.-- |
| 98 | (2) In furtherance of this policy, provision shall be made |
| 99 | for the sterilization of all dogs and cats sold or released for |
| 100 | adoption from any public or private animal shelter or animal |
| 101 | control agency operated by a humane society or by a county, |
| 102 | municipality city, or other incorporated political subdivision, |
| 103 | by either: |
| 104 | (a) Providing sterilization by a licensed veterinarian |
| 105 | before relinquishing custody of the animal; or |
| 106 | (b) Entering into a written agreement with the adoptor or |
| 107 | purchaser guaranteeing that sterilization will be performed in |
| 108 | accordance with s. 828.35 within 30 days or prior to sexual |
| 109 | maturity. The shelter or animal control agency shall require a |
| 110 | sufficient deposit from the adoptor or purchaser, which deposit |
| 111 | shall be refundable upon presentation to the shelter or animal |
| 112 | control agency of written evidence by the veterinarian |
| 113 | performing the sterilization that the animal has been |
| 114 | sterilized. The deposit or donation may be based upon |
| 115 | recommended guidelines established by the Florida Federation of |
| 116 | Humane Societies. Failure by either party to comply with the |
| 117 | provisions of this paragraph shall be a noncriminal violation as |
| 118 | defined in s. 775.08(3), punishable by a fine, forfeiture, or |
| 119 | other civil penalty, and, in addition thereto, the deposit or |
| 120 | donation shall be forfeited to the shelter or animal control |
| 121 | agency. Any legal fees or court costs used for the enforcement |
| 122 | of this paragraph are the responsibility of the adoptor. Upon |
| 123 | the request of a licensed veterinarian, and for a valid reason, |
| 124 | the shelter or animal control agency shall extend the time limit |
| 125 | within which the animal must be sterilized. |
| 126 | Section 3. Paragraphs (b) and (g) of subsection (1), |
| 127 | subsection (2), paragraph (b) of subsection (4), and subsection |
| 128 | (7) of section 828.27, Florida Statutes, are amended to read: |
| 129 | 828.27 Local animal control or cruelty ordinances; |
| 130 | penalty.-- |
| 131 | (1) As used in this section, the term: |
| 132 | (b) "Animal control officer" means any person employed or |
| 133 | appointed by a county or municipality who is authorized to |
| 134 | investigate, on public or private property, civil infractions |
| 135 | relating to animal control, sterilization, or cruelty and to |
| 136 | issue citations as provided in this section. An animal control |
| 137 | officer is not authorized to bear arms or make arrests; however, |
| 138 | such officer may carry a device to chemically subdue and |
| 139 | tranquilize an animal, provided that such officer has |
| 140 | successfully completed a minimum of 16 hours of training in |
| 141 | marksmanship, equipment handling, safety and animal care, and |
| 142 | can demonstrate proficiency in chemical immobilization of |
| 143 | animals in accordance with guidelines prescribed in the Chemical |
| 144 | Immobilization Operational Guide of the American Humane |
| 145 | Association. |
| 146 | (g) "Ordinance" means any ordinance relating to the |
| 147 | control or sterilization of, or cruelty to, animals enacted by |
| 148 | the governing body of a county or municipality the violation of |
| 149 | which is a civil infraction. |
| 150 | (2) The governing body of a county or municipality is |
| 151 | authorized to enact ordinances relating to animal control, |
| 152 | sterilization, or cruelty, which ordinances must provide: |
| 153 | (a) That a violation of such an ordinance is a civil |
| 154 | infraction. |
| 155 | (b) A maximum civil penalty not to exceed $500. |
| 156 | (c) A civil penalty of less than the maximum civil penalty |
| 157 | if the person who has committed the civil infraction does not |
| 158 | contest the citation. |
| 159 | (d) For the issuance of a citation by an officer who has |
| 160 | probable cause to believe that a person has committed an act in |
| 161 | violation of an ordinance. |
| 162 | (e) For the contesting of a citation in the county court. |
| 163 | (f) That, if a person fails to pay the civil penalty, |
| 164 | fails to appear in court to contest the citation, or fails to |
| 165 | appear in court as required by subsection (6), the court may |
| 166 | issue an order to show cause upon the request of the governing |
| 167 | body of the county or municipality. This order shall require |
| 168 | such persons to appear before the court to explain why action on |
| 169 | the citation has not been taken. If any person who is issued |
| 170 | such order fails to appear in response to the court's directive, |
| 171 | that person may be held in contempt of court. |
| 172 | (g) Such procedures and provisions as are necessary to |
| 173 | implement any ordinances enacted under the authority of this |
| 174 | section. |
| 175 | (4) |
| 176 | (b) The governing body of a county or municipality may |
| 177 | impose and collect a surcharge of up to $5 upon each civil |
| 178 | penalty imposed for violation of an ordinance relating to animal |
| 179 | control, sterilization, or cruelty. The proceeds from the such |
| 180 | surcharges shall be used to pay the costs of training for animal |
| 181 | control officers. |
| 182 | (7) Nothing contained in this section shall prevent any |
| 183 | county or municipality from enacting any ordinance relating to |
| 184 | animal control, sterilization, or cruelty which is identical to |
| 185 | the provisions of this chapter or any other state law, except as |
| 186 | to penalty. However, no county or municipal ordinance relating |
| 187 | to animal control or cruelty shall conflict with the provisions |
| 188 | of this chapter or any other state law. Notwithstanding the |
| 189 | provisions of this subsection, the governing body of any county |
| 190 | or municipality is authorized to enact ordinances prohibiting or |
| 191 | regulating noise from any domesticated animal, violation of |
| 192 | which shall be punishable upon conviction by a fine not to |
| 193 | exceed $500 or by imprisonment in the county jail for a period |
| 194 | not to exceed 60 days, or by both such fine and imprisonment, |
| 195 | for each violation of such ordinance. This subsection shall not |
| 196 | apply to animals on land zoned for agricultural purposes. |
| 197 | Section 4. This act shall take effect January 1, 2010. |