Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 674 Barcode 746520 LEGISLATIVE ACTION Senate . House Comm: WD . 03/11/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Agriculture (Montford) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 6 Section 1. Section 823.15, Florida Statutes, is amended to 7 read: 8 (Substantial rewording of section. 9 See s. 823.15, F.S., for present text.) 10 823.15 Dogs and cats taken in and released from animal 11 shelters, humane organizations, or animal control agencies of a 12 county, municipality, or other incorporated political 13 subdivisions; sterilization requirement; reporting 14 requirements.— 15 (1) The Legislature has determined that the importation of 16 dogs and cats into and the uncontrolled breeding of dogs and 17 cats in this state pose risks to the well-being of dogs and 18 cats, the health of humans and other animals, and the 19 agricultural interests in this state. Importation of dogs and 20 cats from outside the state and country and uncontrolled 21 breeding could result in the transmission of diseases that had 22 been eradicated in this state to dogs and cats, other animals, 23 and humans living in this state. 24 (2) In furtherance of this concern, provision shall be made 25 for the sterilization of all dogs and cats sold or released for 26 adoption from any public or private animal shelter, humane 27 organization, or animal control agency operated by a county, 28 municipality, or other incorporated political subdivision, by 29 either: 30 (a) Providing sterilization by a licensed veterinarian 31 before relinquishing custody of the animal; or 32 (b) Entering into a written agreement with the adopter or 33 purchaser guaranteeing that sterilization will be performed 34 within 30 days after adoption or purchase or prior to sexual 35 maturity. The shelter or animal control agency shall require a 36 sufficient deposit or donation from the adopter or purchaser, 37 which deposit shall be refundable upon presentation to the 38 shelter or animal control agency of written evidence by the 39 veterinarian performing the sterilization that the animal has 40 been sterilized. The deposit may be based upon recommended 41 guidelines established by the Florida Federation of Humane 42 Societies. Failure by either party to comply with the provisions 43 of this paragraph is a noncriminal violation as defined in s. 44 775.08, punishable by a fine, forfeiture, or other civil 45 penalty, and, in addition thereto, the deposit shall be 46 forfeited to the shelter or animal control agency. Any legal 47 fees or court costs used for the enforcement of this paragraph 48 are the responsibility of the adopter or purchaser. Upon the 49 request of a licensed veterinarian, and for a valid reason, the 50 animal shelter or animal control agency shall extend the time 51 limit within which the dog or cat must be sterilized. 52 (3)(a) Also in furtherance of this concern, provision shall 53 be made for the reporting of statistics and data related to dogs 54 and cats taken in and the ultimate disposition of the dog or 55 cat. Each public or private animal shelter, including each 56 animal shelter, humane organization, and animal control agency 57 of a county, municipality, or other political subdivision that 58 receives public funding shall prepare and maintain the following 59 records on a monthly and annual basis using the calendar year 60 and make the records available for public inspection and 61 dissemination no later than 5 business days after the end of the 62 each calendar month: 63 1. The total number of dogs and cats taken in by the animal 64 shelter, humane organization, or animal control agency of a 65 county, municipality, or other incorporated political 66 subdivision, divided by dogs and cats, in the following 67 categories: 68 a. Shelter count on the first day of each month; 69 b. Stray; 70 c. Impounded involuntarily; 71 d. Relinquished by owner; 72 e. Born in shelter; 73 f. Owner requested euthanasia; 74 g. Transferred in or imported from within this state; and 75 e. Transferred in or imported from out of the state. 76 2. The disposition of all dogs and cats taken into the 77 animal shelter, humane organization, or animal control agency of 78 a county, municipality, or other incorporated political 79 subdivision, divided by dogs and cats, in the following 80 categories: 81 a. Adoption; 82 b. Reclaimed by owner; 83 c. Transferred out or exported within the state; 84 d. Transferred out or exported to another state; 85 e. Released in field; 86 f. Shelter euthanasia; 87 g. Owner requested euthanasia; 88 h. Died in care in the shelter; 89 i. Lost while in care; missing animals or records; and 90 j. Shelter count on the last day of the month. 91 (b) Each animal shelter, humane organization, or animal 92 control agency of a county, municipality, or other incorporated 93 political subdivision, that receives public funding and which 94 routinely euthanizes dogs based on the dog’s size or breed alone 95 must have a written policy statement to that effect and post the 96 written policy statement prominently at the shelter’s site. Dogs 97 euthanized due to breed, temperament, or size must be recorded 98 and included in the calculation of the total euthanasia 99 percentage as part of the monthly reporting requirement. 100 (c) Each animal shelter, humane organization or animal 101 control agency of a county, municipality, or other incorporated 102 political subdivision shall make the records of the specified 103 information available, if requested, as required by chapter 119. 104 The entities referenced above that have Internet access may post 105 the required records online. Each record must be maintained 106 onsite for not less than 3 years. 107 (4) All costs of sterilization generated pursuant to this 108 section shall be paid by the prospective adopter unless 109 otherwise provided for by ordinance of the local governing body, 110 with respect to animal control agencies or shelters operated or 111 subsidized by a unit of local government, or provided for by the 112 humane society governing body, with respect to an animal control 113 agency or shelter operated solely by the humane society and not 114 subsidized by public funds. 115 Section 2. This act shall take effect July 1, 2013. 116 117 ================= T I T L E A M E N D M E N T ================ 118 And the title is amended as follows: 119 Delete everything before the enacting clause 120 and insert: 121 A bill to be entitled 122 An act relating to animal shelters and animal control 123 agencies; amending s. 823.15, F.S.; declaring 124 legislative intent relating to the importation and 125 uncontrolled breeding of dogs and cats; providing for 126 the sterilization of all dogs and cats sold or 127 released for adoption from an animal shelter, humane 128 organization, or animal control agency; requiring the 129 animal shelter, humane organization, or animal control 130 agency operated by a county, municipality, or other 131 incorporated political subdivision to enter into a 132 written agreement with an adopter or purchaser of the 133 dog or cat to guarantee the dog or cat will be 134 sterilized by a specified date; requiring a deposit to 135 ensure the sterilization of the dog or cat; requiring 136 that each public or private animal shelter, humane 137 organization, or animal control agency operated by a 138 county, municipality, or other incorporated political 139 subdivision prepare and maintain specified records; 140 specifying the information and data that must be 141 included in the records; declaring that the records be 142 maintained and distributed pursuant to ch. 119, F.S.; 143 requiring that all costs of sterilization generated 144 pursuant to this section be paid by the prospective 145 adopter unless otherwise provided for by ordinance of 146 the local governing body; providing an effective date.