Florida Senate - 2020                                     SB 980
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00543C-20                                           2020980__
    1                        A bill to be entitled                      
    2         An act relating to lost, stray, unwanted, or homeless
    3         dogs and cats; amending s. 823.151, F.S.; providing
    4         legislative findings and intent; requiring certain
    5         animal shelters, humane organizations, or animal
    6         control agencies that take receivership of any lost,
    7         stray, unwanted, or homeless dogs or cats to adopt
    8         written policies and procedures to achieve specified
    9         goals; requiring that additional specified records be
   10         available to the public; authorizing employees,
   11         agents, or contractors of certain animal shelters or
   12         animal control agencies to implant dogs and cats with
   13         radio-frequency identification devices for certain
   14         purposes; authorizing employees, agents, or
   15         contractors of certain animal shelters or animal
   16         control agencies to contact certain owners of record
   17         to verify pet ownership; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 823.151, Florida Statutes, is amended to
   22  read:
   23         823.151 Lost, or stray, unwanted, or homeless dogs and
   24  cats.—
   25         (1) The Legislature finds that natural disasters, such as
   26  hurricanes, may result in an increase in owned dogs and cats
   27  becoming lost or stray. The Legislature further finds that dog
   28  and cat owners statewide should be afforded the opportunity to
   29  quickly and reliably claim their lost pets. It is therefore
   30  declared to be the public policy of the state that animal
   31  control agencies and humane organizations shall adopt policies
   32  and procedures to help return lost cats or dogs to identified
   33  owners.
   34         (2)(a) A public or private animal shelter, humane
   35  organization, or animal control agency operated by a humane
   36  organization or by a county, municipality, or other incorporated
   37  political subdivision which that takes receivership of any lost
   38  or stray dogs or cats shall adopt written policies and
   39  procedures to ensure that every reasonable effort is made to
   40  quickly and reliably return owned animals to their owners. Such
   41  policies and procedures shall include:
   42         (a)1. Upon intake, screening of lost or stray dogs and cats
   43  for identification, including tags, licenses, implanted
   44  microchips, and tattoos.
   45         (b)2. A process for matching received lost or stray dogs
   46  and cats with any reports of lost pets received by the shelter
   47  from owners.
   48         (c)3. Public notice of lost or stray dogs and cats
   49  received, provided at the shelter or on the Internet, as
   50  appropriate, within 48 hours of the animal’s admission.
   51         (d)4. Reasonable efforts to notify identified owners of
   52  lost or stray dogs and cats within 48 hours of identification.
   53  Such reasonable efforts may include, but are not limited to,
   54  attempts to contact identified owners by telephone, by
   55  electronic mail, by United States mail, or by personal service
   56  at the owner’s last known phone number and address.
   57         (e)5. Notice to the public of the shelter’s location,
   58  hours, fees, and the return-to-owner process posted on the
   59  Internet, with the shelter’s business hours posted outside the
   60  shelter facility and recorded on the shelter’s telephone
   61  answering system message.
   62         (f)6. Access for owners to retrieve dogs and cats at least
   63  1 weekend day per week and after 5:00 p.m. 1 weekday per week,
   64  provided that complying with the requirements of this paragraph
   65  subparagraph does not require an increase in total operating
   66  hours.
   67         (g)7. Direct return-to-owner protocols that allow animal
   68  control officers in the field to directly return lost or stray
   69  dogs and cats to their owners when the owners have been
   70  identified.
   71         (h)8. Procedural safeguards to minimize the euthanasia of
   72  owned dogs and cats. Such safeguards shall include, but are not
   73  limited to, record verification to ensure that each animal to be
   74  euthanized is the correct animal designated for the procedure
   75  and proper scanning for an implanted microchip using a universal
   76  scanner immediately prior to the procedure.
   77         (i)9. Temporary extension of local minimum stray hold
   78  periods after a disaster is declared by the President of the
   79  United States or a state of emergency is declared by the
   80  Governor, if deemed necessary by a local government in the area
   81  of the declaration.
   82         (b) Records related to this section and maintained by a
   83  public or private animal shelter, humane organization, or animal
   84  control agency operated by a humane society or by a county,
   85  municipality, or other incorporated political subdivision must
   86  be made available to the public pursuant to chapter 119.
   87         (3) The Legislature finds shelter operating practices that
   88  primarily focus on the live release rate of animals can lead to
   89  serious problems with public health and safety and animal
   90  welfare. In the absence of a balanced approach to sheltering
   91  which includes consideration of all aspects of animal welfare
   92  and public safety, agencies may refuse admission to animals they
   93  cannot subsequently offer for adoption, denying animals in need
   94  a safe haven. Alternatively, these shelter practices can result
   95  in overcrowded conditions, fighting, compromised safety for
   96  animals and staff, disease outbreaks, and suffering. Further,
   97  dangerous dogs may be released into the community in order to
   98  meet statistical live-release goals. It is therefore declared to
   99  be the policy of this state that animal control agencies and
  100  humane organizations shall adopt community-focused policies and
  101  procedures to maximize live outcomes for animals, while also
  102  balancing animal welfare and public safety.
  103         (4) A public or private animal shelter, humane
  104  organization, or animal control agency operated by a humane
  105  organization or by a county, municipality, or other incorporated
  106  political subdivision which takes receivership of any lost,
  107  stray, unwanted, or homeless dogs or cats shall adopt written
  108  policies and procedures to achieve all of the following goals:
  109         (a) Ensure every lost, stray, unwanted, or homeless pet in
  110  its custody has appropriate shelter and care.
  111         (b) Make every animal deemed healthy and safe available for
  112  adoption.
  113         (c) Assess the medical and behavioral needs of homeless
  114  animals and ensure these needs are addressed on a case-by-case
  115  basis regardless of breed, including full disclosure of all
  116  medical conditions and behavioral issues.
  117         (d) Consider the needs of the community and secure public
  118  trust.
  119         (e) Alleviate suffering and make appropriate euthanasia
  120  decisions.
  121         (f) Consider the health and wellness of animals in each
  122  community when transferring animals.
  123         (g) Foster a culture of transparency and ethical
  124  decisionmaking.
  125         (h) Strive to follow the Best Practices for Humane Care and
  126  High Live Release Programming as published and made available
  127  online in 2018 by the Florida Animal Control Association and the
  128  Florida Association of Animal Welfare Organizations.
  129         (5)Records related to this section and maintained by a
  130  public or private animal shelter, humane organization, or animal
  131  control agency operated by a humane society or by a county,
  132  municipality, or other incorporated political subdivision must
  133  be made available to the public pursuant to chapter 119.
  134         (6) Employees, agents, or contractors of a public or
  135  private animal shelter or animal control agency operated by a
  136  humane organization or by a county, municipality, or other
  137  incorporated political subdivision may implant dogs and cats
  138  with radio-frequency identification devices for the purposes of
  139  pet identification in order to reduce the number of pets
  140  entering shelters, save taxpayer dollars, and assist pet owners
  141  in being reunited with lost pets.
  142         (7) Employees, agents, or contractors of a public or
  143  private animal shelter or animal control agency operated by a
  144  humane organization or by a county, municipality, or other
  145  incorporated political subdivision may contact the owner of
  146  record of a radio-frequency identification device to verify pet
  147  ownership.
  148         Section 2. This act shall take effect July 1, 2020.