Florida Senate - 2012                                     SB 818
       
       
       
       By Senator Bennett
       
       
       
       
       21-00410F-12                                           2012818__
    1                        A bill to be entitled                      
    2         An act relating to animal shelters and animal control
    3         agencies; creating the “Animal Rescue Act”; creating
    4         s. 828.067, F.S.; defining the terms “animal control
    5         agency,” “animal rescue group” or “rescue group,” and
    6         “animal shelter”; requiring any animal control agency
    7         or animal shelter that euthanizes animals to maintain
    8         a registry of animal rescue groups that are willing to
    9         accept animals that would otherwise be subject to
   10         euthanization; providing eligibility criteria for
   11         rescue groups and persons desiring to be on the
   12         euthanization registry; providing criteria under which
   13         an animal control agency or animal shelter may reject
   14         an applicant for the euthanization registry or remove
   15         a participant from the registry; requiring that
   16         certain specified information concerning an animal
   17         rescue group be included in the group’s application
   18         for inclusion on the euthanasia registry; authorizing
   19         the animal control agency or animal shelter to require
   20         a rescue group or person to provide certain specified
   21         data to the animal control agency or animal shelter
   22         each month; prohibiting an animal control agency or
   23         animal shelter from euthanizing an animal until the
   24         animal control agency or animal shelter has notified
   25         the appropriate animal rescue group or person listed
   26         on the euthanization registry; providing exceptions to
   27         the requirement to notify certain rescue groups;
   28         authorizing an animal control agency or animal shelter
   29         to assess a fee, not to exceed the standard adoption
   30         fee, for each animal released to a rescue group;
   31         requiring that each animal control agency or animal
   32         shelter provide for public inspection certain
   33         information on a monthly and annual basis; providing
   34         an effective date.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. This act may be cited as the “Animal Rescue
   39  Act.”
   40         Section 2. Section 828.067, Florida Statutes, is created to
   41  read:
   42         828.067Animal shelters and animal control agencies;
   43  euthanization registry.—
   44         (1)As used in this section, the term:
   45         (a) “Animal control agency” means an organization operated
   46  by or under contract with the state or a political subdivision
   47  for the purpose of impounding or harboring seized, stray,
   48  homeless, abandoned, or unwanted animals.
   49         (b) “Animal rescue group or “rescue group” means a group
   50  of persons who hold themselves out as an animal rescue group and
   51  who accept or solicit dogs, cats, or other animals with the
   52  intent of finding permanent adoptive homes or providing lifelong
   53  care for such dogs, cats, or other animals and who use foster
   54  homes as the primary means of housing animals, or a group of
   55  persons formed for the prevention of cruelty to animals.
   56         (c) “Animal shelter” means a facility that is used for
   57  housing or containing dogs, cats, or other animals and that is
   58  owned, operated, or maintained by a humane society, an animal
   59  welfare society, a society for the prevention of cruelty to
   60  animals, or another nonprofit organization devoted to the
   61  welfare, protection, and humane treatment of dogs, cats, or
   62  other animals.
   63         (2) An animal control agency or animal shelter that
   64  euthanizes animals shall maintain a registry of animal rescue
   65  groups that are willing to accept animals that are subject to
   66  euthanization.
   67         (a) The euthanization registry must consist of any animal
   68  control agency, animal shelter, or animal rescue group that is
   69  designated as an agency meeting the qualifications of s.
   70  501(c)(3) of the Internal Revenue Code and that has requested
   71  that its name be placed on the euthanization registry. Such an
   72  agency, shelter, or rescue group must be included on the
   73  euthanization registry regardless of the geographical location
   74  of the agency, shelter, or rescue group and regardless of any
   75  other factor except as described in subsection (3).
   76         (b)The euthanization registry may include, at the
   77  discretion of the animal control agency or animal shelter, any
   78  person or animal rescue group that has not met the
   79  qualifications of s. 501(c)(3) of the Internal Revenue Code.
   80         (3)An animal control agency or animal shelter may refuse
   81  to include a rescue group or person on the euthanization
   82  registry or may remove it or the person from the euthanization
   83  registry if a current director, officer, staff member, or
   84  volunteer of the rescue group has been convicted in a court of
   85  competent jurisdiction of a crime consisting of cruelty to
   86  animals or neglect of animals, or if such charges are pending,
   87  or if the rescue group is constrained by a court order that
   88  prevents the rescue group from taking in or keeping animals. An
   89  animal control agency or animal shelter may require the rescue
   90  group to disclose any convictions, charges, or legal impediments
   91  described in this subsection.
   92         (4)The euthanization registry must include the following
   93  information provided by the rescue group:
   94         (a) The name of the rescue group or person.
   95         (b) The mailing address and telephone number.
   96         (c) The website and e-mail address, if any.
   97         (d) The emergency contact information for the rescue group.
   98         (e) The types of animals about whom the rescue group wishes
   99  to be contacted, including species type and breed.
  100         (f) A statement as to whether the rescue group is willing
  101  and able to care for unweaned animals, sick or injured animals,
  102  or animals with behavior problems.
  103         (5)An animal control agency or animal shelter may require
  104  that a rescue group provide monthly for public inspection
  105  information concerning the number of animals that:
  106         (a) Have been taken from an animal control agency or animal
  107  shelter and placed with the rescue group;
  108         (b) Have been adopted;
  109         (c) Have died or have been euthanized; or
  110         (d) Remain in the care of the rescue group.
  111  
  112  This information may be provided in an informal format, such as
  113  via electronic mail. An animal control agency or animal shelter
  114  may not demand additional information other than that described
  115  in this subsection as a prerequisite for including a rescue
  116  group on the euthanization registry or for continuing to
  117  maintain the rescue group on the registry.
  118         (6)An animal control agency or animal shelter may not
  119  euthanize an animal until the animal control agency or animal
  120  shelter has notified, or made a reasonable attempt to notify,
  121  all rescue groups or persons on the euthanization registry which
  122  have indicated a willingness to take an animal of that type.
  123         (a)The notification must take place at least 24 hours
  124  before the animal is scheduled to be euthanized.
  125         (b)At a minimum, the notification must include a
  126  verifiable electronic communication. Notification to each rescue
  127  group is considered complete when this has been accomplished.
  128         (c)An animal may not be euthanized if a rescue group or
  129  person on the euthanization registry indicates a willingness to
  130  take possession of the animal.
  131         (d)The rescue group or person agreeing to take possession
  132  of the animal must do so within 2 business days after notifying
  133  the animal control agency or animal shelter that has possession
  134  of the animal.
  135         (e)The animal control agency or animal shelter may assess
  136  a fee, not to exceed the standard adoption fee, for each animal
  137  released to a rescue group.
  138         (7)The requirements of subsection (6) do not apply in the
  139  following cases:
  140         (a)An irremediably suffering animal may be euthanized
  141  without delay under s. 828.05.
  142         (b)A dangerous dog may be euthanized without delay under
  143  s. 767.13.
  144         (c)Upon the impoundment of an unweaned animal without its
  145  mother, an animal control agency or animal shelter that has not
  146  placed the animal into foster care or is not able to provide
  147  supplemental feeding shall immediately make an emergency appeal
  148  to a rescue group or person on the euthanization registry who
  149  has indicated a willingness to care for unweaned animals, and
  150  shall give the rescue group or person a reasonable amount of
  151  time, but not less than 8 hours, to respond to the appeal.
  152         (8)An animal control agency or animal shelter shall
  153  provide for public inspection a monthly summary that includes
  154  the number of animals, by species type, during the previous
  155  month which:
  156         (a)Were impounded;
  157         (b)Were euthanized by the animal control agency or animal
  158  shelter;
  159         (c)Died, were lost, or were stolen while in the direct or
  160  constructive care of the animal control agency or animal
  161  shelter;
  162         (d)Were returned to their owners;
  163         (e)Were adopted;
  164         (f)Were transferred to other organizations or rescue
  165  groups; or
  166         (g) Remain in the custody of the agency or shelter.
  167         (9)Each animal control agency or animal shelter shall
  168  provide for public inspection an annual summary that includes
  169  the number of animals, by species type, during the previous
  170  calendar year which:
  171         (a)Were impounded;
  172         (b)Were euthanized by the animal control agency or animal
  173  shelter;
  174         (c)Died, were lost, or were stolen while in the direct or
  175  constructive care of the animal control agency or animal
  176  shelter;
  177         (d)Were returned to their owners;
  178         (e)Were adopted;
  179         (f)Were transferred to other organizations or rescue
  180  groups; or
  181         (g) Remain in the custody of the agency or shelter.
  182         Section 3. This act shall take effect July 1, 2012.