Bill Text: FL S1320 | 2013 | Regular Session | Introduced

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Bill Title: Community Cats

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-05-03 - Died in Agriculture [S1320 Detail]

Download: Florida-2013-S1320-Introduced.html

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       Florida Senate - 2013                                    SB 1320
       
       
       
       By Senator Soto
       
       
       
       
       14-00929A-13                                          20131320__
    1                        A bill to be entitled                      
    2         An act relating to community cats; amending s. 828.27,
    3         F.S.; providing definitions; providing that release of
    4         a community cat by a community cat program is not
    5         abandonment or unlawful release of the cat under
    6         specified provisions; providing that counties and
    7         municipalities may enact ordinances relating to
    8         community cat programs to curtail community cat
    9         population growth; providing immunity for such
   10         ordinances; providing that a veterinarian or community
   11         cat caregiver who provides services or care for cats
   12         in a community cat program is immune from criminal and
   13         civil liability; providing an exception; providing an
   14         effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraphs (c) through (g) of subsection (1) of
   19  section 828.27, Florida Statutes, are redesignated as paragraphs
   20  (f) through (j), respectively, new paragraphs (c), (d), and (e)
   21  are added to that subsection, a new subsection (7) is added to
   22  that section, and present subsection (7) of that section is
   23  amended, to read:
   24         828.27 Local animal control or cruelty ordinances;
   25  penalty.—
   26         (1) As used in this section, the term:
   27         (c) “Community cat” means an outdoor, free-roaming cat that
   28  lacks visible owner identification.
   29         (d) “Community cat caregiver” means any person other than
   30  an owner or custodian who provides food, water, or shelter to
   31  one or more community cats as part of a community cat program.
   32         (e) “Community cat program” means a program in which an
   33  eligible cat is examined by a licensed veterinarian, sterilized,
   34  vaccinated for rabies and any other diseases deemed appropriate
   35  by the veterinarian, ear-tipped, then returned to the area where
   36  it was originally captured.
   37         (7)(a) Community cats are considered a domestic species
   38  under s. 585.01 and release of a community cat by a community
   39  cat program is not abandonment or unlawful release of the cat
   40  under this chapter.
   41         (b) This subsection does not prevent any county or
   42  municipality from enacting any ordinance related to community
   43  cat programs designed to humanely curtail community cat
   44  population growth. A county or municipality that adopts an
   45  ordinance related to such community cat programs is immune from
   46  all criminal and civil liability for its adoption of such an
   47  ordinance.
   48         (c) A veterinarian or community cat caregiver who provides
   49  services or care for a cat in a community cat program is immune
   50  from criminal and civil liability for any decisions made or
   51  services rendered under this subsection, except for willful and
   52  wanton misconduct.
   53         (8)(7) Nothing contained in This section does not shall
   54  prevent any county or municipality from enacting any ordinance
   55  relating to animal control or cruelty which is identical to the
   56  provisions of this chapter or any other state law, except as to
   57  penalty. However, no county or municipal ordinance relating to
   58  animal control or cruelty may shall conflict with the provisions
   59  of this chapter or any other state law. Notwithstanding the
   60  provisions of this subsection, the governing body of any county
   61  or municipality may is authorized to enact ordinances
   62  prohibiting or regulating noise from any domesticated animal,
   63  violation of which shall be punishable upon conviction by a fine
   64  not to exceed $500 or by imprisonment in the county jail for a
   65  period not to exceed 60 days, or by both such fine and
   66  imprisonment, for each violation of such ordinance. This
   67  subsection does shall not apply to animals on land zoned for
   68  agricultural purposes.
   69         Section 2. This act shall take effect upon becoming a law.