Florida Senate - 2015 SB 1234 By Senator Abruzzo 25-00436A-15 20151234__ 1 A bill to be entitled 2 An act relating to companion animals; providing a 3 short title; defining terms; directing animal shelters 4 to take certain measures relating to the holding, 5 care, treatment, and euthanasia of animals; providing 6 exceptions; authorizing actions for declaratory or 7 injunctive relief; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. (1) This act may be cited as the “Companion 12 Animal Protection Act.” 13 (2) As used in this section, the term: 14 (a) “Animal shelter” means a public or private facility 15 that: 16 1. Has a physical structure that provides temporary or 17 permanent shelter for stray, abandoned, abused, or owner 18 surrendered animals. 19 2. Is operated, owned, or maintained by a society for the 20 prevention of cruelty to animals, humane society, pound, animal 21 control officer, government entity, or contractor for a 22 government entity. 23 (b) “Irremediable physical suffering” means a poor or grave 24 prognosis for being able to live without severe, unremitting 25 pain, even with comprehensive, prompt, and necessary veterinary 26 care, as certified in writing by a licensed veterinarian. 27 (c) “Licensed veterinarian” means a person licensed to 28 practice veterinary medicine in this state. 29 (d) “Rescue organization” means an animal rescue 30 organization, animal adoption organization, or organization 31 formed for the prevention of cruelty to animals that is 32 described in s. 501(c)(3) of the Internal Revenue Code and 33 exempt from taxation under s. 501(a) of the Internal Revenue 34 Code. 35 (3)(a) An animal shelter shall: 36 1. Take appropriate action to ensure that all animals are 37 checked as soon as possible after impoundment for all currently 38 available methods of identification, including microchips, 39 identification tags, and licenses; 40 2. Maintain continuously updated lists of animals reported 41 lost and found and regularly check animals in the shelter for 42 matches to such lists; and 43 3. Post a photograph of and information regarding each 44 stray animal impounded by the shelter on the Internet with 45 sufficient detail to allow the animal to be recognized and 46 claimed by its owner. 47 (b) If a possible owner is identified, the animal shelter 48 shall undertake due diligence to notify the owner or caretaker 49 of the whereabouts of the animal and any procedures available 50 for the lawful recovery of the animal. These efforts must 51 include, but are not limited to, notifying the possible owner by 52 telephone, mail, and personal service to his or her last known 53 address. 54 (4)(a) The required holding period for a stray animal 55 impounded by an animal shelter is 5 business days, not including 56 the day of impoundment. An animal must be held for owner 57 redemption during the first 2 days of the holding period and be 58 available for owner redemption, transfer, or adoption for the 59 remainder of the holding period, except that if an animal is 60 impounded with identification or the shelter knows the identity 61 of the owner, the animal must be held for 5 days for owner 62 redemption. 63 (b) The required holding period for an owner-relinquished 64 animal impounded by an animal shelter is the same as that for a 65 stray animal, except that an owner-relinquished animal shall be 66 available for owner redemption, transfer, or adoption for the 67 entirety of the holding period. 68 (c) This subsection does not apply to: 69 1. A cat impounded for purposes of sterilization and 70 release; 71 2. An animal suspected to carry and exhibiting signs of 72 rabies, as determined by a licensed veterinarian; 73 3. A dog that, after physically attacking a person, has 74 been determined by a court of competent jurisdiction to be 75 dangerous pursuant to state law; or 76 4. An animal experiencing irremediable physical suffering. 77 (d) At any time after impound, an animal shelter may 78 transfer an animal, except an animal arriving with 79 identification or an animal with a known owner, to a nonprofit 80 rescue organization or group, a private shelter, or an 81 organization formed for the prevention of cruelty to animals if 82 potential owners are given the same rights of reclamation given 83 to owners of animals held at the animal shelter. 84 (5)(a) During the entirety of its stay at an animal 85 shelter, an animal must be provided: 86 1. Fresh food and fresh water; 87 2. Environmental enrichment to promote psychological well 88 being, such as socialization, toys, and treats, and exercise as 89 needed but not less than once daily, except that a dog 90 exhibiting vicious behavior toward people or adjudged to be 91 dangerous by a court of competent jurisdiction is not required 92 to be exercised during the holding period; 93 3. Prompt and necessary cleaning of its cage, kennel, or 94 other living environment at least two times per day to prevent 95 disease and to ensure an environment that is welcoming to the 96 public and hygienic for both the public and the animal. The 97 cleaning shall be conducted in accordance with a protocol 98 developed in coordination with a licensed veterinarian and shall 99 require that the animal be temporarily removed from its cage, 100 kennel, or other living environment during the process of 101 cleaning to prevent the animal from being exposed to water from 102 hoses or sprays, cleaning solutions, detergents, solvents, or 103 chemicals; and 104 4. Prompt and necessary veterinary care, including, but not 105 limited to, preventative vaccinations, cage rest, fluid therapy, 106 and pain management or antibiotics sufficient to alleviate any 107 pain caused by disease or injury, to prevent a condition from 108 worsening, and to allow the animal to leave the shelter in 109 reasonable condition. 110 (b) An animal shelter shall work with a licensed 111 veterinarian to develop and follow a care protocol for animals 112 with special needs such as, but not limited to, nursing mothers, 113 unweaned animals, sick or injured animals, extremely frightened 114 animals, geriatric animals, or animals needing therapeutic 115 exercise. The care protocol must specify any deviation from the 116 standard requirements of paragraph (a) and the reasons for the 117 deviation. 118 (6)(a) At least 2 business days before the euthanasia of an 119 animal, the animal shelter having care or custody of the animal 120 shall: 121 1. Notify or make a reasonable attempt to notify by 122 verifiable written or electronic communication any rescue 123 organization that has previously requested to be notified before 124 animals at the shelter are euthanized; and 125 2. Offer each rescue organization notified the opportunity 126 to take possession of the animal to avoid the animal’s death. 127 (b) An animal shelter may not euthanize an animal without 128 making the notification required under this subsection. 129 (7)(a) An animal shelter may not: 130 1. Ban, bar, limit, or otherwise obstruct the adoption or 131 transfer of an animal based on breed, breed mix, species, age, 132 color, appearance, or size; or 133 2. Euthanize an animal solely because the animal’s holding 134 period has expired. 135 (b) Before an animal is euthanized, the following 136 conditions must be met: 137 1. There are no empty cages, kennels, or other living 138 environments in the animal shelter; 139 2. The animal cannot share a cage or kennel with another 140 animal; 141 3. A foster home for the animal is not available; 142 4. A rescue organization or group is not willing to accept 143 the animal; 144 5. The animal cannot be transferred to another shelter with 145 room to house the animal; 146 6. The animal is not a cat subject to sterilization and 147 release; 148 7. All mandates, programs, and services of this section 149 have been met; and 150 8. The director of the animal shelter certifies that he or 151 she has no other alternative. 152 (c) The determination that all conditions of paragraph (b) 153 have been met shall be made in writing, signed by the director 154 of the animal shelter, and made available for free public 155 inspection for at least 3 years. 156 (8)(a) An animal impounded by an animal shelter may only be 157 euthanized when necessary and consistent with the requirements 158 of this section by lethal intravenous injection of sodium 159 pentobarbital, except as follows: 160 1. Intraperitoneal injection may be used only under the 161 direction of a licensed veterinarian and only when intravenous 162 injection is not possible for an infant animal, for a companion 163 animal other than a cat or dog, or for a comatose animal with 164 depressed vascular function. 165 2. Intracardiac injection may be used only when intravenous 166 injection is not possible for an animal that is completely 167 unconscious or comatose, and then only by a licensed 168 veterinarian. 169 (b) The room in which an animal is euthanized must: 170 1. Be cleaned and regularly disinfected as necessary, but 171 not less than once per day on days the room is used, except that 172 the specific area in the room where the procedure is performed 173 shall be cleaned and disinfected between each procedure; and 174 2. Have adequate ventilation that prevents the accumulation 175 of odors. 176 (c) An animal may not be allowed to witness any other 177 animal being euthanized or being tranquilized or sedated for the 178 purpose of being euthanized or to see the bodies of animals that 179 have already been euthanized. 180 (d) An animal must be sedated or tranquilized before being 181 euthanized as necessary to minimize its stress or discomfort or, 182 in the case of a vicious animal, to ensure staff safety, except 183 that neuromuscular blocking agents may not be used. 184 (e) Following its lethal injection, an animal must be 185 lowered to the surface on which it is being held and may not be 186 allowed to drop or otherwise collapse without support. 187 (f) An animal may not be left unattended between the time 188 procedures to euthanize the animal are commenced and the time 189 death occurs. 190 (g) The body of an animal may not be disposed of until 191 death is verified. 192 (9) Verification of death shall be confirmed for each 193 animal when all of the following conditions exist: 194 (a) Lack of heartbeat, verified by a stethoscope. 195 (b) Lack of respiration, verified by observation. 196 (c) Pale, bluish gums and tongue, verified by observation. 197 (d) Lack of eye response, verified by the eyelid not 198 blinking when the eye is touched and by the pupil remaining 199 dilated when a light is shined on it. 200 (10) A person other than a licensed veterinarian or a 201 euthanasia technician certified by the state euthanasia 202 certification program may not perform the procedures referenced 203 in subsections (8) and (9). 204 (11) A person may compel an animal shelter to follow the 205 requirements of this section through an action for declaratory 206 or injunctive relief or any other appropriate remedy of law that 207 will compel compliance. 208 Section 2. This act shall take effect July 1, 2015.