Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1320
       
       
       
       
       
       
                                Barcode 552886                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/01/2013           .                                
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       The Committee on Agriculture (Bullard) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Paragraphs (c) through (g) of subsection (1) of
    7  section 828.27, Florida Statutes, are redesignated as paragraphs
    8  (f) through (j), respectively, new paragraphs (c), (d), and (e)
    9  are added to that subsection, a new subsection (7) is added to
   10  that section, and present subsection (7) of that section is
   11  amended, to read:
   12         828.27 Local animal control or cruelty ordinances;
   13  penalty.—
   14         (1) As used in this section, the term:
   15         (c) “Community cat” means an outdoor, free-roaming cat that
   16  lacks visible owner identification.
   17         (d) “Community cat caregiver” means any person other than
   18  an owner or custodian who provides food, water, or shelter to
   19  one or more community cats as part of a community cat program.
   20         (e) “Community cat program” means a program in which an
   21  eligible cat is examined by a licensed veterinarian, sterilized,
   22  vaccinated for rabies and any other diseases deemed appropriate
   23  by the veterinarian, ear-tipped, then returned to the area where
   24  it was originally captured immediately after any recovery period
   25  as recommended by a veterinarian.
   26         (7)(a) Community cats are considered a domestic animal
   27  under s. 585.01 and release of a community cat by a community
   28  cat caregiver associated with a community cat program is not
   29  abandonment or unlawful release of the cat under this chapter.
   30         (b) A county or municipality may enact any ordinances
   31  necessary to establish a community cat program designed to
   32  curtail community cat population growth, and nothing in this
   33  subsection shall prevent any county or municipality from
   34  enacting such ordinances.
   35         (8)(7) Nothing contained in This section does not shall
   36  prevent a any county or municipality from enacting an any
   37  ordinance relating to animal control or cruelty which is
   38  identical to the provisions of this chapter or any other state
   39  law, except as to penalty. However, no county or municipal
   40  ordinance relating to animal control or cruelty may shall
   41  conflict with the provisions of this chapter or any other state
   42  law. Notwithstanding the provisions of this subsection, the
   43  governing body of any county or municipality may is authorized
   44  to enact ordinances prohibiting or regulating noise from any
   45  domesticated animal, violation of which shall be punishable upon
   46  conviction by a fine not to exceed $500 or by imprisonment in
   47  the county jail for a period not to exceed 60 days, or by both
   48  such fine and imprisonment, for each violation of such
   49  ordinance. This subsection does shall not apply to animals on
   50  land zoned for agricultural purposes.
   51         Section 2. This act shall take effect upon becoming a law.
   52  
   53  ================= T I T L E  A M E N D M E N T ================
   54         And the title is amended as follows:
   55         Delete everything before the enacting clause
   56  and insert:
   57                        A bill to be entitled                      
   58         An act relating to community cats; amending s. 828.27,
   59         F.S.; providing definitions; providing that release of
   60         a community cat by a community cat program is not
   61         abandonment or unlawful release of the cat under
   62         specified provisions; providing that counties and
   63         municipalities may enact ordinances relating to
   64         community cat programs to curtail community cat
   65         population growth; providing immunity for such
   66         ordinances; providing an exception; providing an
   67         effective date.