Bill Text: FL S1500 | 2012 | Regular Session | Introduced


Bill Title: Animal Shelters and Animal Control Agencies

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Agriculture [S1500 Detail]

Download: Florida-2012-S1500-Introduced.html
       Florida Senate - 2012                                    SB 1500
       
       
       
       By Senator Evers
       
       
       
       
       2-00444A-12                                           20121500__
    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 record and maintain
   10         specified records; specifying the information to be
   11         included in the records; providing that the records
   12         are public records within the scope of ch. 119, F.S.;
   13         requiring that the animal shelter, humane
   14         organization, and animal control agency make the
   15         records available to the public for a specified fee;
   16         amending s. 828.29, F.S.; requiring that certain
   17         tests, vaccines, and drugs be administered by a
   18         veterinarian to a dog or cat that is offered for
   19         adoption in specified circumstances and that the
   20         veterinarian issue the official certificate of
   21         veterinary inspection; providing that the exemptions
   22         from the requirements for tests, vaccines, and drugs
   23         and the certificate of veterinary inspection for
   24         certain animal control agencies and humane
   25         organizations do not apply for dogs transported into
   26         the state; providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 823.15, Florida Statutes, is amended to
   31  read:
   32         823.15 Dogs and cats released from animal shelters, humane
   33  organizations, or animal control agencies; sterilization
   34  requirement.—
   35         (1) The Legislature has determined that the importation of
   36  dogs and cats into, and the uncontrolled breeding of dogs and
   37  cats in, this state pose risks to the well-being of dogs and
   38  cats, the health of humans and animals, and the agricultural
   39  interests in the state. Importation of dogs and cats from
   40  overseas could result in the transmission of diseases that have
   41  been eradicated in the United States to dogs and cats, other
   42  animals, and humans living in this state. Uncontrolled breeding
   43  results The Legislature has determined that uncontrolled
   44  breeding of dogs and cats in the state results in the birth
   45  production of many more puppies and kittens than are needed to
   46  provide pet animals to new owners or to replace pet animals that
   47  which have died or become lost or to provide pet animals for new
   48  owners. This leads to many dogs, cats, puppies, and kittens
   49  being unwanted, becoming strays and suffering privation and
   50  death, being impounded and destroyed at great expense to the
   51  community, and constituting a public nuisance and public health
   52  hazard. It is therefore declared to be the public policy of the
   53  state that every feasible means be used to reduce the birth of
   54  reducing the production of unneeded and unwanted puppies and
   55  kittens be encouraged. Crucial to this effort is determining
   56  which programs result in improved adoption rates and in reduced
   57  euthanasia rates for animals in shelters and animal control
   58  agencies.
   59         (2)(a) Each public or private animal shelter, humane
   60  organization, or animal control agency operated by a humane
   61  organization or by a county, municipality, or other incorporated
   62  political subdivision shall prepare and maintain the following
   63  records and make them available for public inspection and
   64  dissemination:
   65         1. The total number of dogs and cats taken in by the animal
   66  shelter, humane organization, or animal control agency, divided
   67  into species, in the following categories:
   68         a. Surrendered by owner;
   69         b. Stray;
   70         c. Impounded;
   71         d. Confiscated; and
   72         e. Imported into the state.
   73  
   74  Feral cats shall be recorded as a separate category from other
   75  cats. Species other than domestic cats and domestic dogs should
   76  be recorded as “other.”
   77         2. Disposition of all animals taken in by a public or
   78  private animal shelter, humane organization, or animal control
   79  agency operated by a humane society or by a county,
   80  municipality, or other incorporated political subdivision,
   81  divided into species. These data must include dispositions by:
   82         a. Adoption;
   83         b. Reclaim by owner;
   84         c. Death in kennel;
   85         d. Destruction at the owner’s request;
   86         e. Transfer to another public or private animal shelter,
   87  humane organization, or animal control agency operated by a
   88  humane society or by a county, municipality, or other
   89  incorporated political subdivision; and
   90         f. Euthanasia.
   91         3. A public or private animal shelter, humane organization,
   92  or animal control agency operated by a humane organization or by
   93  a county, municipality, or other incorporated political
   94  subdivision which routinely euthanizes dogs based on size or
   95  breed alone must provide a written statement of such policy.
   96  Dogs euthanized due to breed, temperament, or size must be
   97  recorded and included in the calculation of the total euthanasia
   98  percentage.
   99         (b) Records of a public or private animal shelter, humane
  100  organization, or animal control agency are public records under
  101  chapter 119, and must be made available to the public for a cost
  102  that does not exceed $1 per one-sided copy.
  103         (3)(2) In furtherance of state this policy, provision shall
  104  be made for the sterilization of all dogs and cats sold or
  105  released for adoption from any public or private animal shelter
  106  or animal control agency operated by a humane organization
  107  society or by a county, municipality city, or other incorporated
  108  political subdivision, by either:
  109         (a) Providing sterilization by a licensed veterinarian
  110  before relinquishing custody of the animal; or
  111         (b) Entering into a written agreement with the person
  112  proposing to adopt the dog or cat adopter or the purchaser of
  113  the dog or cat which guarantees guaranteeing that the adopter or
  114  purchaser will have sterilization will be performed within 30
  115  days after the adoption or purchase or before prior to sexual
  116  maturity. The shelter, humane organization, or animal control
  117  agency shall require a sufficient deposit from the person
  118  proposing to adopt the dog or cat adopter or the purchaser of
  119  the dog or cat, which deposit shall be refundable upon
  120  presentation to the shelter or animal control agency of written
  121  evidence by the veterinarian performing the sterilization that
  122  the animal has been sterilized. The deposit or donation may be
  123  based upon recommended guidelines established by the Florida
  124  Federation of Humane Societies. A person who fails failure by
  125  either party to comply with the provisions of this paragraph
  126  commits shall be a noncriminal violation as defined in s.
  127  775.08(3), punishable by a fine, forfeiture, or other civil
  128  penalty, and, in addition thereto, the deposit or donation shall
  129  be forfeited to the shelter or animal control agency. Any Legal
  130  fees or court costs used for the enforcement of this paragraph
  131  are the responsibility of the person proposing to adopt the dog
  132  or cat or the purchaser of the dog or cat adopter. Upon the
  133  request of a licensed veterinarian, and for a valid reason, the
  134  shelter or animal control agency shall extend the time limit
  135  within which the dog or cat animal must be sterilized.
  136         (4)(3) All costs of sterilization pursuant to this section
  137  shall be paid by the person proposing to adopt the dog or cat or
  138  the purchaser of the dog or cat prospective adopter unless
  139  otherwise provided for by ordinance of the local governing body,
  140  with respect to animal control agencies or shelters operated or
  141  subsidized by a unit of local government, or provided for by the
  142  humane society governing body, with respect to an animal control
  143  agency or shelter operated solely by the humane society and not
  144  subsidized by public funds.
  145         Section 2. Section 828.29, Florida Statutes, is amended to
  146  read:
  147         828.29 Dogs and cats transported or offered for sale or
  148  adoption; health requirements; consumer guarantee.—
  149         (1)(a) For each dog transported into the state for sale or
  150  adoption, the tests, vaccines, and anthelmintics required by
  151  this section must be administered by or under the direction of a
  152  veterinarian, licensed by the state of origin and accredited by
  153  the United States Department of Agriculture, who issues the
  154  official certificate of veterinary inspection. The tests,
  155  vaccines, and anthelmintics must be administered no more than 30
  156  days and no less than 14 days before the dog’s entry into the
  157  state. The official certificate of veterinary inspection
  158  certifying compliance with this section must accompany each dog
  159  transported into the state for sale or adoption.
  160         (b) For each dog offered for sale within the state, the
  161  tests, vaccines, and anthelmintics required by this section must
  162  be administered by or under the direction of a veterinarian,
  163  licensed by the state and accredited by the United States
  164  Department of Agriculture, who issues the official certificate
  165  of veterinary inspection. The tests, vaccines, and anthelmintics
  166  must be administered before the dog is offered for sale in the
  167  state, unless the licensed, accredited veterinarian certifies on
  168  the official certificate of veterinary inspection that to
  169  inoculate or deworm the dog is not in the best medical interest
  170  of the dog, in which case the vaccine or anthelmintic may not be
  171  administered to that particular dog. Each dog must receive
  172  vaccines and anthelmintics against the following diseases and
  173  internal parasites:
  174         1. Canine distemper.
  175         2. Leptospirosis.
  176         3. Bordetella (by intranasal inoculation or by an
  177  alternative method of administration if deemed necessary by the
  178  attending veterinarian and noted on the health certificate,
  179  which must be administered in this state once before sale).
  180         4. Parainfluenza.
  181         5. Hepatitis.
  182         6. Canine parvo.
  183         7. Rabies, if provided the dog is more than over 3 months
  184  of age and the inoculation is administered by a licensed
  185  veterinarian.
  186         8. Roundworms.
  187         9. Hookworms.
  188  
  189  If the dog is less than under 4 months of age, the tests,
  190  vaccines, and anthelmintics required by this section must be
  191  administered no more than 21 days before sale within the state.
  192  If the dog is 4 months of age or older, the tests, vaccines, and
  193  anthelmintics required by this section must be administered at
  194  or after 3 months of age, but no more than 1 year before sale
  195  within the state.
  196         (2)(a) For each cat transported into the state for sale,
  197  the tests, vaccines, and anthelmintics required by this section
  198  must be administered by or under the direction of a
  199  veterinarian, licensed by the state of origin and accredited by
  200  the United States Department of Agriculture, who issues the
  201  official certificate of veterinary inspection. The tests,
  202  vaccines, and anthelmintics must be administered no more than 30
  203  days and no less than 14 days before the cat’s entry into the
  204  state. The official certificate of veterinary inspection
  205  certifying compliance with this section must accompany each cat
  206  transported into the state for sale.
  207         (b) For each cat offered for sale within the state, the
  208  tests, vaccines, and anthelmintics required by this section must
  209  be administered by or under the direction of a veterinarian,
  210  licensed by the state and accredited by the United States
  211  Department of Agriculture, who issues the official certificate
  212  of veterinary inspection. The tests, vaccines, and anthelmintics
  213  must be administered before the cat is offered for sale in the
  214  state, unless the licensed, accredited veterinarian certifies on
  215  the official certificate of veterinary inspection that to
  216  inoculate or deworm the cat is not in the best medical interest
  217  of the cat, in which case the vaccine or anthelmintic may not be
  218  administered to that particular cat. Each cat must receive
  219  vaccines and anthelmintics against the following diseases and
  220  internal parasites:
  221         1. Panleukopenia.
  222         2. Feline viral rhinotracheitis.
  223         3. Calici virus.
  224         4. Rabies, if the cat is more than over 3 months of age and
  225  the inoculation is administered by a licensed veterinarian.
  226         5. Hookworms.
  227         6. Roundworms.
  228  
  229  If the cat is less than under 4 months of age, the tests,
  230  vaccines, and anthelmintics required by this section must be
  231  administered no more than 21 days before sale within the state.
  232  If the cat is 4 months of age or older, the tests, vaccines, and
  233  anthelmintics required by this section must be administered at
  234  or after 3 months of age, but no more than 1 year before sale
  235  within the state.
  236         (3)(a) Each dog or cat subject to subsection (1) or
  237  subsection (2) must be accompanied by a current official
  238  certificate of veterinary inspection at all times while being
  239  offered for sale within the state. The examining veterinarian
  240  must retain one copy of the official certificate of veterinary
  241  inspection on file for at least 1 year after the date of
  242  examination. At the time of sale of the animal, one copy of the
  243  official certificate of veterinary inspection must be given to
  244  the buyer. The seller must retain one copy of the official
  245  certificate of veterinary inspection on record for at least 1
  246  year after the date of sale.
  247         (b) The term “official certificate of veterinary
  248  inspection” means a legible certificate of veterinary inspection
  249  signed by the examining veterinarian licensed by the state of
  250  origin and accredited by the United States Department of
  251  Agriculture, which that shows the age, sex, breed, color, and
  252  health record of the dog or cat, the printed or typed names and
  253  addresses of the person or business from whom the animal was
  254  obtained, the consignor or seller, the consignee or purchaser,
  255  and the examining veterinarian, and the veterinarian’s license
  256  number. The official certificate of veterinary inspection must
  257  list all vaccines and deworming medications administered to the
  258  dog or cat, including the manufacturer, vaccine, type, lot
  259  number, expiration date, and the dates of administration
  260  thereof, and must state that the examining veterinarian warrants
  261  that, to the best of his or her knowledge, the animal has no
  262  sign of contagious or infectious diseases and has no evidence of
  263  internal or external parasites, including coccidiosis and ear
  264  mites, but excluding fleas and ticks. The Department of
  265  Agriculture and Consumer Services shall supply the official
  266  intrastate certificate of veterinary inspection required by this
  267  section at cost.
  268         (c) The examination of each dog and cat by a veterinarian
  269  must take place no more than 30 days before the sale within the
  270  state. The examination must include, but need not be limited to,
  271  a fecal test to determine if the dog or cat is free of internal
  272  parasites, including hookworms, roundworms, tapeworms, and
  273  whipworms. If the examination warrants, the dog or cat must be
  274  treated with a specific anthelmintic. In the absence of a
  275  definitive parasitic diagnosis, each dog or cat must be given a
  276  broad spectrum anthelmintic. Each dog older than over 6 months
  277  of age must also be tested for heartworms. Each cat must also be
  278  tested for feline leukemia before being offered for sale in the
  279  state. All of these tests must be performed by or under the
  280  supervision of a licensed veterinarian, and the results of the
  281  tests must be listed on the official certificate of veterinary
  282  inspection.
  283         (d) All dogs and cats offered for sale and copies of
  284  certificates held by the seller and veterinarian are subject to
  285  inspection by any agent of the Department of Agriculture and
  286  Consumer Services, any agent of the United States Department of
  287  Agriculture, any law enforcement officer, or any agent appointed
  288  under s. 828.03.
  289         (4) A person may not transport into the state for sale or
  290  offer for sale within the state any dog or cat that is less than
  291  8 weeks of age.
  292         (5) If, within 14 days following the sale by a pet dealer
  293  of an animal subject to this section, a licensed veterinarian of
  294  the consumer’s choosing certifies that, at the time of the sale,
  295  the animal was unfit for purchase due to illness or disease, the
  296  presence of symptoms of a contagious or infectious disease, or
  297  the presence of internal or external parasites, excluding fleas
  298  and ticks; or if, within 1 year following the sale of an animal
  299  subject to this section, a licensed veterinarian of the
  300  consumer’s choosing certifies such animal to be unfit for
  301  purchase due to a congenital or hereditary disorder that which
  302  adversely affects the health of the animal; or if, within 1 year
  303  following the sale of an animal subject to this section, the
  304  breed, sex, or health of such animal is found to have been
  305  misrepresented to the consumer, the pet dealer shall afford the
  306  consumer the right to choose one of the following options:
  307         (a) The right to return the animal and receive a refund of
  308  the purchase price, including the sales tax, and reimbursement
  309  for reasonable veterinary costs directly related to the
  310  veterinarian’s examination and certification that the dog or cat
  311  is unfit for purchase pursuant to this section and directly
  312  related to necessary emergency services and treatment undertaken
  313  to relieve suffering;
  314         (b) The right to return the animal and receive an exchange
  315  dog or cat of the consumer’s choice of equivalent value, and
  316  reimbursement for reasonable veterinary costs directly related
  317  to the veterinarian’s examination and certification that the dog
  318  or cat is unfit for purchase pursuant to this section and
  319  directly related to necessary emergency services and treatment
  320  undertaken to relieve suffering; or
  321         (c) The right to retain the animal and receive
  322  reimbursement for reasonable veterinary costs for necessary
  323  services and treatment related to the attempt to cure or curing
  324  of the dog or cat.
  325  
  326  Reimbursement for veterinary costs may not exceed the purchase
  327  price of the animal. The cost of veterinary services is
  328  reasonable if comparable to the cost of similar services
  329  rendered by other licensed veterinarians in proximity to the
  330  treating veterinarian and the services rendered are appropriate
  331  for the certification by the veterinarian.
  332         (6) A consumer may sign a waiver relinquishing his or her
  333  right to return the dog or cat for congenital or hereditary
  334  disorders. In the case of such waiver, the consumer has 48
  335  normal business hours, excluding weekends and holidays, in which
  336  to have the animal examined by a licensed veterinarian of the
  337  consumer’s choosing. If the veterinarian certifies that, at the
  338  time of sale, the dog or cat was unfit for purchase due to a
  339  congenital or hereditary disorder, the pet dealer must afford
  340  the consumer the right to choose one of the following options:
  341         (a) The right to return the animal and receive a refund of
  342  the purchase price, including sales tax, but excluding the
  343  veterinary costs related to the certification that the dog or
  344  cat is unfit; or
  345         (b) The right to return the animal and receive an exchange
  346  dog or cat of the consumer’s choice of equivalent value, but not
  347  a refund of the veterinary costs related to the certification
  348  that the dog or cat is unfit.
  349         (7) A pet dealer may specifically state at the time of
  350  sale, in writing to the consumer, the presence of specific
  351  congenital or hereditary disorders, in which case the consumer
  352  has no right to any refund or exchange for those disorders.
  353         (8) The refund or exchange required by subsection (5) or
  354  subsection (6) shall be made by the pet dealer not later than 10
  355  business days following receipt of a signed veterinary
  356  certification as required in subsection (5) or subsection (6).
  357  The consumer must notify the pet dealer within 2 business days
  358  after the veterinarian’s determination that the animal is unfit.
  359  The written certification of unfitness must be presented to the
  360  pet dealer not later than 3 business days following receipt
  361  thereof by the consumer.
  362         (9) An animal may not be determined unfit for sale on
  363  account of an injury sustained or illness contracted after the
  364  consumer takes possession of the animal. A veterinary finding of
  365  intestinal or external parasites is not grounds for declaring a
  366  dog or cat unfit for sale unless the animal is clinically ill
  367  because of that condition.
  368         (10) If a pet dealer wishes to contest a demand for
  369  veterinary expenses, refund, or exchange made by a consumer
  370  under this section, the dealer may require the consumer to
  371  produce the animal for examination by a licensed veterinarian
  372  designated by the dealer. Upon such examination, if the consumer
  373  and the dealer are unable to reach an agreement that constitutes
  374  one of the options set forth in subsection (5) or subsection (6)
  375  within 10 business days following receipt of the animal for such
  376  examination, the consumer may initiate an action in a court of
  377  competent jurisdiction to recover or obtain reimbursement of
  378  veterinary expenses, refund, or exchange.
  379         (11) This section does not in any way limit the rights or
  380  remedies that are otherwise available to a consumer under any
  381  other law.
  382         (12) Every pet dealer who sells an animal to a consumer
  383  must provide the consumer at the time of sale with a written
  384  notice, printed or typed, which reads as follows:
  385  
  386         It is the consumer’s right, pursuant to section
  387         828.29, Florida Statutes, to receive a certificate of
  388         veterinary inspection with each dog or cat purchased
  389         from a pet dealer. Such certificate shall list all
  390         vaccines and deworming medications administered to the
  391         animal and shall state that the animal has been
  392         examined by a Florida-licensed veterinarian who
  393         certifies that, to the best of the veterinarian’s
  394         knowledge, the animal was found to have been healthy
  395         at the time of the veterinary examination. In the
  396         event that the consumer purchases the animal and finds
  397         it to have been unfit for purchase as provided in
  398         section 828.29(5), Florida Statutes, the consumer must
  399         notify the pet dealer within 2 business days of the
  400         veterinarian’s determination that the animal was
  401         unfit. The consumer has the right to retain, return,
  402         or exchange the animal and receive reimbursement for
  403         certain related veterinary services rendered to the
  404         animal, subject to the right of the dealer to have the
  405         animal examined by another veterinarian.
  406  
  407         (13) For the purposes of subsections (5)-(12) and (16), the
  408  term “pet dealer” means any person, firm, partnership,
  409  corporation, or other association that which, in the ordinary
  410  course of business, engages in the sale of more than two
  411  litters, or 20 dogs or cats, per year, whichever is greater, to
  412  the public. This definition includes breeders of animals who
  413  sell such animals directly to a consumer.
  414         (14) The state attorney may bring an action to enjoin any
  415  violator of this section or s. 828.12 or s. 828.13 from being a
  416  pet dealer.
  417         (15) County-operated or city-operated animal control
  418  agencies and registered nonprofit humane organizations are
  419  exempt from this section except for paragraph (1)(a).
  420         (16) A pet dealer may not knowingly misrepresent the breed,
  421  sex, or health of any dog or cat offered for sale within the
  422  state.
  423         (17) Except as otherwise provided in this chapter, a person
  424  who violates any provision of this section commits a misdemeanor
  425  of the first degree, punishable as provided in s. 775.082 or s.
  426  775.083.
  427         Section 3. This act shall take effect July 1, 2012.

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