Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 992
       
       
       
       
       
       
                                Barcode 657964                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2009           .                                
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       The Committee on Community Affairs (Ring) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 823.15, Florida Statutes, is amended to
    6  read:
    7         823.15 Dogs and cats released from animal shelters, or
    8  animal control agencies, or animal adoption organizations;
    9  sterilization requirement.—
   10         (1) The Legislature has determined that uncontrolled
   11  breeding of dogs and cats in the state results in the production
   12  of many more puppies and kittens than are needed to replace pet
   13  animals that which have died or become lost or to provide pet
   14  animals for new owners. This leads to many dogs, cats, puppies,
   15  and kittens being unwanted, becoming strays and suffering
   16  privation and death, being impounded and destroyed at great
   17  expense to the community, and constituting a public nuisance and
   18  public health hazard. It is therefore declared to be the public
   19  policy of the state that every feasible means of reducing the
   20  production of unneeded and unwanted puppies and kittens be
   21  encouraged.
   22         (2) In furtherance of this policy, provision shall be made
   23  for the sterilization of all dogs and cats sold or released for
   24  adoption from any public or private animal shelter or animal
   25  control agency operated by a humane society, by an animal
   26  adoption organization, or by a county, municipality city, or
   27  other incorporated political subdivision, unless a veterinarian
   28  licensed to practice in this state certifies in writing that the
   29  dog or cat has a medical condition that would be substantially
   30  aggravated by such procedure or the procedure would likely cause
   31  the death of the dog or cat, by either:
   32         (a) Providing sterilization by a licensed veterinarian
   33  before relinquishing custody of the animal; or
   34         (b) Entering into a written agreement with the adoptor or
   35  purchaser guaranteeing that sterilization will be performed
   36  within 60 30 days, or prior to sexual maturity, or as soon as
   37  considered medically safe by a veterinarian licensed to practice
   38  in this state. The shelter, or animal control agency, or animal
   39  adoption organization shall require a sufficient deposit from
   40  the adoptor or purchaser, not to exceed the equivalent of the
   41  prevailing cost of a sterilization procedure in the community,
   42  which deposit shall be refundable upon presentation to the
   43  shelter, or animal control agency, or animal adoption
   44  organization of written evidence by the veterinarian performing
   45  the sterilization that the animal has been sterilized. The
   46  deposit or donation may be based upon recommended guidelines
   47  established by the Florida Federation of Humane Societies.
   48  Failure by either party to comply with the provisions of this
   49  paragraph is shall be a noncriminal violation as defined in s.
   50  775.08(3), punishable by a fine, forfeiture, or other civil
   51  penalty, and, in addition thereto, the deposit or donation shall
   52  be forfeited to the shelter, or animal control agency, or animal
   53  adoption organization. Any legal fees or court costs used for
   54  the enforcement of this paragraph are the responsibility of the
   55  adoptor. Upon the request of a licensed veterinarian, and for a
   56  valid reason, the shelter or animal control agency shall extend
   57  the time limit within which the animal must be sterilized.
   58         (3) All costs of sterilization pursuant to this section
   59  shall be paid by the prospective adoptor unless otherwise
   60  provided for by ordinance of the local governing body, with
   61  respect to animal control agencies or shelters operated or
   62  subsidized by a unit of local government;, or provided for by
   63  the humane society governing body, with respect to an animal
   64  control agency or shelter operated solely by the humane society
   65  and not subsidized by public funds; or provided for by the
   66  governing body of an animal adoption organization, with respect
   67  to an animal adoption organization operated solely by the animal
   68  adoption organization and not subsidized by public funds.
   69         (4)As used in this section, the term “animal adoption
   70  organization” means an organization whose members, with or
   71  without salary or compensation, rescue, house, and care for
   72  seemingly unowned or unwanted animals, or other animals found
   73  loose or stray, in the home of a member of the organization or
   74  another, with the intent of placing the animal in responsible,
   75  more permanent homes as soon as possible. An animal adoption
   76  organization must be registered with the Department of State and
   77  the Department of Agriculture and Consumer Services and be
   78  organized as a charitable organization under s. 501(c)(3) of the
   79  Internal Revenue Code.
   80         Section 2. This act shall take effect July 1, 2009.
   81  
   82  ================= T I T L E  A M E N D M E N T ================
   83  And the title is amended as follows:
   84  
   85         Delete everything before the enacting clause
   86  and insert:
   87                        A bill to be entitled                      
   88         An act relating to the sterilization of dogs and cats;
   89  amending s. 823.15, F.S.; allowing the release of a dog or cat
   90  from an animal shelter operated by an animal control agency,
   91  humane society, or animal adoption organization without
   92  compliance with the requirement for sterilization if a licensed
   93  veterinarian certifies that the dog or cat has a medical
   94  condition that would be substantially aggravated by such
   95  procedure or the procedure would likely cause the death of the
   96  dog or cat; revising requirements for the release of a cat or
   97  dog upon written agreement for sterilization; defining the term
   98  “animal adoption organization”; providing an effective date.