Florida Senate - 2009                                     SB 992
       
       
       
       By Senator Rich
       
       
       
       
       34-00420A-09                                           2009992__
    1                        A bill to be entitled                      
    2         An act relating to the sterilization of dogs and cats;
    3         amending s. 823.15, F.S.; allowing the release of a
    4         dog or cat from an animal shelter operated by an
    5         animal control agency, humane society, or animal
    6         rescue group without compliance with the requirement
    7         for sterilization if a licensed veterinarian certifies
    8         that the dog or cat has a medical condition that would
    9         be substantially aggravated by such procedure or the
   10         procedure would likely cause the death of the dog or
   11         cat; revising requirements for the release of a cat or
   12         dog upon written agreement for sterilization;
   13         providing an effective date.
   14         
   15  Be It Enacted by the Legislature of the State of Florida:
   16         
   17         Section 1. Section 823.15, Florida Statutes, is amended to
   18  read:
   19         823.15 Dogs and cats released from animal shelters, or
   20  animal control agencies, or animal rescue groups; sterilization
   21  requirement.—
   22         (1) The Legislature has determined that uncontrolled
   23  breeding of dogs and cats in the state results in the production
   24  of many more puppies and kittens than are needed to replace pet
   25  animals that which have died or become lost or to provide pet
   26  animals for new owners. This leads to many dogs, cats, puppies,
   27  and kittens being unwanted, becoming strays and suffering
   28  privation and death, being impounded and destroyed at great
   29  expense to the community, and constituting a public nuisance and
   30  public health hazard. It is therefore declared to be the public
   31  policy of the state that every feasible means of reducing the
   32  production of unneeded and unwanted puppies and kittens be
   33  encouraged.
   34         (2) In furtherance of this policy, provision shall be made
   35  for the sterilization of all dogs and cats sold or released for
   36  adoption from any public or private animal shelter or animal
   37  control agency operated by a humane society, by an animal rescue
   38  group, or by a county, city, or other incorporated political
   39  subdivision, unless a veterinarian licensed to practice in this
   40  state certifies in writing that the dog or cat has a medical
   41  condition that would be substantially aggravated by such
   42  procedure or the procedure would likely cause the death of the
   43  dog or cat, by either:
   44         (a) Providing sterilization by a licensed veterinarian
   45  before relinquishing custody of the animal; or
   46         (b) Entering into a written agreement with the adoptor or
   47  purchaser guaranteeing that sterilization will be performed
   48  within 60 30 days, or prior to sexual maturity, or as soon as
   49  considered medically safe by a veterinarian licensed to practice
   50  in this state. The shelter, or animal control agency, or animal
   51  rescue group shall require a sufficient deposit from the adoptor
   52  or purchaser, not to exceed the equivalent of the prevailing
   53  cost of a sterilization procedure in the community, which
   54  deposit shall be refundable upon presentation to the shelter, or
   55  animal control agency, or animal rescue group of written
   56  evidence by the veterinarian performing the sterilization that
   57  the animal has been sterilized. The deposit or donation may be
   58  based upon recommended guidelines established by the Florida
   59  Federation of Humane Societies. Failure by either party to
   60  comply with the provisions of this paragraph is shall be a
   61  noncriminal violation as defined in s. 775.08(3), punishable by
   62  a fine, forfeiture, or other civil penalty, and, in addition
   63  thereto, the deposit or donation shall be forfeited to the
   64  shelter, or animal control agency, or animal rescue group. Any
   65  legal fees or court costs used for the enforcement of this
   66  paragraph are the responsibility of the adoptor. Upon the
   67  request of a licensed veterinarian, and for a valid reason, the
   68  shelter or animal control agency shall extend the time limit
   69  within which the animal must be sterilized.
   70         (3) All costs of sterilization pursuant to this section
   71  shall be paid by the prospective adoptor unless otherwise
   72  provided for by ordinance of the local governing body, with
   73  respect to animal control agencies or shelters operated or
   74  subsidized by a unit of local government;, or provided for by
   75  the humane society governing body, with respect to an animal
   76  control agency or shelter operated solely by the humane society
   77  and not subsidized by public funds; or provided for by the
   78  governing body of an animal rescue group, with respect to an
   79  animal rescue agency operated solely by the animal rescue group
   80  and not subsidized by public funds.
   81         Section 2. This act shall take effect July 1, 2009.