Bill Text: FL S1234 | 2015 | Regular Session | Introduced
Bill Title: Companion Animals
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-05-01 - Died in Agriculture [S1234 Detail]
Download: Florida-2015-S1234-Introduced.html
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.
