Bill Text: FL S0674 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Animal Shelters and Animal Control Agencies

Spectrum: Bipartisan Bill

Status: (Passed) 2013-04-25 - Chapter No. 2013-32 [S0674 Detail]

Download: Florida-2013-S0674-Engrossed.html

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       CS for CS for SB 674                             First Engrossed
       
       
       
       
       
       
       
       
       2013674e1
       
    1                        A bill to be entitled                      
    2         An act relating to animal shelters and animal control
    3         agencies; amending s. 823.15, F.S.; declaring
    4         legislative priorities relating to the importation and
    5         uncontrolled breeding of dogs and cats; requiring that
    6         each public or private animal shelter, humane
    7         organization, or animal control agency operated by a
    8         humane society or by a county, municipality, or other
    9         incorporated political subdivision prepare and
   10         maintain specified records; specifying the information
   11         that must be included in the records; providing a
   12         maximum fee for copies of such records; amending s.
   13         828.27, F.S.; providing that proceeds, carryover, and
   14         fund balances may be used to fund animal shelter
   15         operating expenses; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (1) of section 823.15, Florida
   20  Statutes, is amended, present subsections (2) and (3) are
   21  redesignated as subsections (3) and (4), respectively, and a new
   22  subsection (2) is added to that section, to read:
   23         823.15 Dogs and cats released from animal shelters or
   24  animal control agencies; sterilization requirement.—
   25         (1) The Legislature has determined that the importation of
   26  dogs and cats into, and the uncontrolled breeding of dogs and
   27  cats in, this state pose risks to the well-being of dogs and
   28  cats, the health of humans and animals, and the agricultural
   29  interests in this state. Importation of dogs and cats from
   30  outside the United States could result in the transmission of
   31  diseases that have been eradicated in the United States to dogs
   32  and cats, other animals, and humans living in this state.
   33  Uncontrolled breeding The Legislature has determined that
   34  uncontrolled breeding of dogs and cats in the state results in
   35  the birth production of many more puppies and kittens than are
   36  needed to provide pet animals to new owners or to replace pet
   37  animals that which have died or become lost or to provide pet
   38  animals for new owners. This leads to many dogs, cats, puppies,
   39  and kittens being unwanted, becoming strays and suffering
   40  privation and death, being impounded and destroyed at great
   41  expense to the community, and constituting a public nuisance and
   42  public health hazard. It is therefore declared to be the public
   43  policy of the state that every feasible means be used to reduce
   44  the incidence of birth of reducing the production of unneeded
   45  and unwanted puppies and kittens be encouraged. Determining
   46  which programs result in improved adoption rates and in reduced
   47  euthanasia rates for animals in shelters and animal control
   48  agencies is crucial to this effort.
   49         (2)(a) Each public or private animal shelter, humane
   50  organization, or animal control agency operated by a humane
   51  organization or by a county, municipality, or other incorporated
   52  political subdivision, shall prepare and maintain the following
   53  records and make them available for public inspection and
   54  dissemination for the 3 preceding years. The following data will
   55  be available on a monthly basis commencing July 31, 2013:
   56         1. The total number of dogs and cats taken in by the animal
   57  shelter, humane organization, or animal control agency, divided
   58  into species, in the following categories:
   59         a. Surrendered by owner;
   60         b. Stray;
   61         c. Impounded;
   62         d. Confiscated;
   63         e. Transferred from within Florida;
   64         f. Transferred into or imported from out of the state; and
   65         g. Born in shelter.
   66  
   67  Species other than domestic cats and domestic dogs should be
   68  recorded as “other.”
   69         2. The disposition of all animals taken in by a public or
   70  private animal shelter, humane organization, or animal control
   71  agency operated by a humane society or by a county,
   72  municipality, or other incorporated political subdivision,
   73  divided into species. These data must include dispositions by:
   74         a. Adoption;
   75         b. Reclamation by owner;
   76         c. Death in kennel;
   77         d. Euthanasia at the owner’s request;
   78         e. Transfer to another public or private animal shelter,
   79  humane organization, or animal control agency operated by a
   80  humane society or by a county, municipality, or other
   81  incorporated political subdivision;
   82         f. Euthanasia;
   83         g. Released in field/Trapped, Neutered, Released (TNR);
   84         h. Lost in care/missing animals or records; and
   85         i. Ending inventory/shelter count at end of the last day of
   86  the month.
   87         3. A public or private animal shelter, humane organization,
   88  or animal control agency operated by a humane society, or by a
   89  county, municipality, or other incorporated political
   90  subdivision which routinely euthanizes dogs based on size or
   91  breed alone must provide a written statement of such policy.
   92  Dogs euthanized due to breed, temperament, or size must be
   93  recorded and included in the calculation of the total euthanasia
   94  percentage.
   95         (b) Records of a public animal shelter, humane
   96  organization, or animal control agency operated by a humane
   97  society must be made available to the public pursuant to
   98  provisions in chapter 119.
   99         Section 2. Subsection (4) of section 828.27, Florida
  100  Statutes, is amended to read:
  101         828.27 Local animal control or cruelty ordinances;
  102  penalty.—
  103         (4)(a)1. County-employed animal control officers shall, and
  104  municipally employed animal control officers may, successfully
  105  complete a 40-hour minimum standards training course. Such
  106  course shall include, but is not limited to, training for:
  107  animal cruelty investigations, search and seizure, animal
  108  handling, courtroom demeanor, and civil citations. The course
  109  curriculum must be approved by the Florida Animal Control
  110  Association. An animal control officer who successfully
  111  completes such course shall be issued a certificate indicating
  112  that he or she has received a passing grade.
  113         2. Any animal control officer who is authorized prior to
  114  January 1, 1990, by a county or municipality to issue citations
  115  is not required to complete the minimum standards training
  116  course.
  117         3. In order to maintain valid certification, every 2 years
  118  each certified county-employed animal control officer shall
  119  complete 4 hours of postcertification continuing education
  120  training. Such training may include, but is not limited to,
  121  training for: animal cruelty investigations, search and seizure,
  122  animal handling, courtroom demeanor, and civil citations.
  123         (b) The governing body of a county or municipality may
  124  impose and collect a surcharge of up to $5 upon each civil
  125  penalty imposed for violation of an ordinance relating to animal
  126  control or cruelty. The proceeds from such surcharges shall be
  127  used to pay the costs of training for animal control officers.
  128         (c) In addition to the uses set forth in paragraph (b), a
  129  county as defined in s. 125.011 may use the proceeds specified
  130  in that paragraph and any carryover or fund balance from such
  131  proceeds for animal shelter operating expenses. This paragraph
  132  shall expire July 1, 2014.
  133         Section 3. This act shall take effect July 1, 2013.