HomeMy WebLinkAbout11-199 RESOLUTION NO. 11-199
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, IN SUPPORT OF SENATE BILL 818
FLORIDA ANIMAL RESCUE ACT AND COMPANION HOUSE BILL 597
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The Florida Animal Rescue Act would set statewide standards for rescue group
access and make it illegal for a shelter to kill an animal when a qualified non-profit
rescue organization is willing to save that animal.
2. Not only will the Florida Animal Rescue Act save lives, taxpayer money, and
mandate public-private partnerships, the Act is consistent with public health and
safety, and improves the public satisfaction with the job government is doing.
3. A statewide survey of rescue groups across Florida State found that 63% of non-
profit animal rescue groups have had at least one Florida state shelter refuse to
work collaboratively with them and then turn around and kill the very animals they
were willing to save. The most common reason given was shelters either having a
policy of not working with rescue groups or being openly hostile to doing so.
4. The same survey also found that 45% of respondents are afraid to complain about
inhumane conditions or practices at Florida shelters because if they did complain,
they would not be allowed to rescue animals, thus allowing those inhumane
conditions to continue; and
NOW, THEREFORE, BE IT RESOLVED by'the Board of County Commissioners of St. Lucie
County, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2: This Board supports adoption of Senate Bill 818 -Florida Animal Rescue Act
and companion House Bill 597.
Section 3: The County Administrator shall forward this Resolution to the County's
Legislative Delegation.
Section 4: This Resolution shall take effect upon its adoption.
PASSED AND DULY ADOPTED this 6th day of December 2011.
~y~, BOARD OF COUNTY COMMISSIONERS
ATTEST: ~ ,4. ST. LUCIE C N A
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Deputy Cler h' Chair an
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' APPROVED AS TO FORM AND
COR ECTNESS:
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BY:
County Attor y
Florida Senate - 2012 SB 818
By Senator Bennett
21-00410F-12 2012818
1 A bill to be entitled
2 An act relating to animal shelters and animal control
3 agencies; creating the "Animal Rescue Act"; creating
4 s. 828.067, F.S.; defining the terms "animal control
5 agency," "animal rescue group" or "rescue group," and
6 "animal shelter"; requiring any animal control agency
7 or animal shelter that euthanizes animals to maintain
8 a registry of animal rescue groups that are willing to
9 accept animals that would otherwise be subject to
10 euthanization; providing eligibility criteria for
11 rescue groups and persons desiring to be on the
12 euthanization registry; providing criteria under which
13 an animal control agency or animal shelter may reject
14 an applicant for the euthanization registry or remove
15 a participant from the registry; requiring that
16 certain specified information concerning an animal
17 rescue group be included in the group's application
18 for inclusion on the euthanasia registry; authorizing
19 the animal control agency or animal shelter to require
20 a rescue group or person to provide certain specified
21 data to the animal control agency or animal shelter
22 each month; prohibiting an animal control agency or
23 animal shelter from euthanizing an animal until the
24 animal control agency or animal shelter has notified
25 the appropriate animal rescue group or person listed
26 on the euthanization registry; providing exceptions to
27 the requirement to notify certain rescue groups;
28 authorizing an animal control agency or animal shelter
29 to assess a fee, not to exceed the standard adoption
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Florida Senate - 2012 SB 818
21-00410F-12 2012818
30 fee, for each animal released to a rescue group;
31 requiring that each animal control agency or animal
32 shelter provide for public inspection certain
33 information on a monthly and annual basis; providing
34 an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. This act may be cited as the "Animal Rescue
39 Act."
40 Section 2. Section 828.067,. Florida Statutes, is created to
41 read:
42 828.067 Animal shelters and animal control agencies;
43 euthanization registry.-
44 (1) As used in this section, the term:
45 (a) "Animal control agency" means an organization operated
46 by or under contract with the state or a political subdivision
47 for the purpose of impounding or harboring seized, stray,
48 homeless, abandoned, or unwanted animals.
49 (b) "Animal rescue group" or "rescue group" means a group
50 of persons who hold themselves out as an animal rescue group and
51 who accept or solicit dogs, cats, or other animals with the
52 intent of finding permanent adoptive homes or providing lifelong
53 care for such dogs, cats, or other animals and who use foster
54 homes as the primary means of housing animals, or a group of
55 persons formed for the prevention of cruelty to animals.
56 (c) "Animal shelter" means a facility that is used for
57 housing or containing dogs, cats, or other animals and that is
58 owned, operated, or maintained by a humane society, an animal
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Florida Senate - 2012 SB 818
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59 welfare society, a society for the prevention of cruelty to
60 animals, or another nonprofit organization devoted to the
61 welfare, protection, and humane treatment of dogs, cats, or
62 other animals.
63 (2) An animal control agency or animal shelter that
64 euthar.izes animals shall maintain a registry of animal rescue
65 groups that are willing to accept animals that are subject to
66 euthanization.
67 (a) The euthanization registry must consist of any animal
68 control agency, animal shelter, or animal rescue group that is
69 designated as an agency meeting the qualifications of s.
70 501(c)(3) of the Internal Revenue Code and that has requested
71 that its name be placed on the euthanization registry. Such an
72 agency, shelter, or rescue group must be included on the
73 euthanization registry regardless of the geographical location
74 of the agency, shelter, or rescue group and regardless of any
75 other factor except as described in subsection (3).
76 (b) The euthanization registry may include, at the
77 discretion of the animal control agency or animal shelter, any
78 person or animal rescue group that has not met the
79 qualifications of s. 501(c)(3) of the Internal Revenue Code.
80 (3) An animal control agency or animal shelter may refuse
81 to include a rescue group or person on the euthanization
82 registry or may remove it or the person from the euthanization
83 registry if a current director, officer, staff member, or
84 volunteer of the rescue group has been convicted in a court of
85 competent jurisdiction of a crime consisting of cruelty to
86 animals or neglect of animals, or if such charges are pending,
87 or if the rescue group is constrained by a court order that
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Florida Senate - 2012 SB 818
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88 prevents the rescue group from taking in or keeping animals. An
89 animal control agency or animal shelter may require the rescue
90 group to disclose any convictions, charges, or legal impediments
91 described in this subsection.
92 (4) The euthanization registry must include the following
93 information provided by the rescue group:
94 (a) The name of the rescue group or person.
95 (b) The mailing address and telephone number.
96 (c) The website and e-mail address, if any.
97 (d) The emergency contact information for the rescue group.
98 (e) The types of animals about whom the rescue group wishes
99 to be contacted, including species type and breed.
100 (f) A statement as to whether the rescue group is willing
101 and able to care for unweaned animals, sick or injured animals,
102 or animals with behavior problems.
103 (5) An animal control agency or animal shelter may require
104 that a rescue group provide monthly for public inspection
105 information concerning the number of animals that:
106 (a) Have been taken from an animal control agency or animal
107 shelter and placed with the rescue group;
108 (b) Have been adopted;
109 (c) Have died or have been euthanized; or
110 (d) Remain in the care of the rescue group.
111
112 This information may be provided in an informal format, such as
113 via electronic mail. An animal control agency or animal shelter
114 may not demand additional information other than that described
115 in this subsection as a prerequisite for including a rescue
116 group on the euthanization registry or for continuing to
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117 maintain the rescue group on the registry.
118 (6) An animal control agency or animal shelter may not
119 euthanize an animal until the animal control agency or animal
120 shelter has notified, or made a reasonable attempt to notify,
121 all rescue groups or persons on the euthanization registry which
122 have indicated a willingness to take an animal of that type.
123 t'a) The notification must take place at least 24 hours
124 before the animal is scheduled to be euthanized.
125 (b) At a minimum, the notification must include a
126 verifiable electronic communication. Notification to each rescue
127 group is considered complete when this has been accomplished.
128 (c) An animal may not be euthanized if a rescue group or
129 person on the euthanization registry indicates a willingness to
130 take possession of the animal.
131 (d) The rescue group or person agreeing to take possession
132 of the animal must do so within 2 business days after notifying
133 the animal control agency or animal shelter that has possession
134 of the animal.
135 (e) The animal control agency or animal shelter may assess
136 a fee, not to exceed the standard adoption fee, for each animal
137 released to a rescue group.
138 (7) The requirements of subsection (6) do not apply in the
139 following cases:
140 (a) An irremediably suffering animal may be euthanized
141 without delay under s. 828.05.
142 (b) A dangerous dog may be euthanized without delay under
143 s. 767.13.
144 (c) Upon the impoundment of an unweaned animal without its
145 mother, an animal control agency or animal shelter that has not
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146 placed the animal into foster care or is not able to provide
147 supplemental feeding shall immediately make an emergency appeal
148 to a rescue group or person on the euthanization registry who
149 has indicated a willingness to care for unweaned animals, and
150 shall give the rescue group or person a reasonable amount of
151 time, but not less than 8 hours, to respond to the appeal.
152 (8) An animal control agency or animal shelter shall
153 provide for public inspection a monthly summary that includes
154 the number of animals, by species type, during the previous
155 month which:
156 (a) Were impounded;
157 (b) Were euthanized by the animal control agency or animal
158 shelter;
159 (c) Died, were lost, or were stolen while in the direct or
160 constructive care of the animal control agency or animal
161 shelter;
162 (d) Were returned to their owners;
163 (e) Were adopted;
164 (f) Were transferred to other organizations or rescue
165 groups; or
166 (g) Remain in the custody. of the agency or shelter.
167 (9) Each animal control agency or animal shelter shall
168 provide for public inspection an annual summary that includes
169 the number of animals, by species type, during the previous
170 calendar year which:
171 (a) Were impounded;
172 (b) Were euthanized by the animal control agency or animal
173 shelter;
174 (c) Died, were lost, or were stolen while in the direct or
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Florida Senate - 2012 SB 818
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175 constructive care of the animal control agency or animal
176 shelter;
177 (d) Were returned to their owners;
178 (e) Were adopted;
179 (f) Were transferred to other organizations or rescue
180 groups; or
181 (g) Remain in the custody of the agency or shelter.
182 Section 3. This act shall take effect July 1, 2012.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 597 2012
1 A bill to be entitled
2 An act relating to animal shelters and animal control
3 agencies; creating the "Animal Rescue Act"; creating
4 s. 828.067, F.S.; defining the terms "animal control
5 agency," "animal rescue group" or "rescue group," and
6 "animal shelter"; requiring any animal control agency
7 or animal shelter that euthanizes animals to maintain
8 a registry of animal rescue groups that are willing to
9 accept animals that would otherwise be subject to
10 euthanization; providing eligibility criteria for
11 rescue groups and persons desiring to be on the
12 euthanization registry; providing criteria under which
13 an animal control agency or animal shelter may reject
14 an applicant for the euthanization registry or remove
15 a participant from the registry; requiring that
16 certain specified information concerning an animal
17 rescue group be included in the group's application
18 for inclusion on the euthanasia registry; authorizing
19 the animal control agency or animal shelter to require
20 a rescue group or person to provide certain specified
21 data to the animal control agency or animal shelter
22 each month; prohibiting an animal control agency or
23 animal shelter from euthanizing an animal until the
24 animal control agency or animal shelter has notified
25 the appropriate animal rescue group or person listed
26 on the euthanization registry; providing exceptions to
27 the requirement to notify certain rescue groups;
28 authorizing an animal control agency or animal shelter
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hb0597-00
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H B 597 2012
29 to assess a fee, not to exceed the standard adoption
30 fee, for each animal released to a rescue group;
31 requiring that each animal control agency or animal
32 shelter provide for public inspection certain
33 information on a monthly and annual basis; providing
34 an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. This act may be cited as the "Animal Rescue
39 Act."
40 Section 2. Section 828.067, Florida Statutes, is created
41 to read:
42 828.067 Animal shelters and animal control agencies;
43 euthanization registry.-
44 (1) As used in this section, the term:
45 (a) "Animal control agency" means an organization operated
46 by or under contract with the state or a political subdivision
47 for the purpose of impounding or harboring seized, stray,
48 homeless, abandoned, or unwanted animals.
49 (b) "Animal rescue group" or "rescue group" means a group
50 of persons who hold themselves out as an animal rescue group and
51 who accept or solicit dogs, cats, or other animals with the
52 intent of finding permanent adoptive homes or providing lifelong
53 care for such dogs, cats, or other animals and who use foster
54 homes as the primary means of housing animals, or a group of
55 persons formed for the prevention of cruelty to animals.
56 (c) "Animal shelter" means a facility that is used for
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HB 597 2012
57 housing or containing dogs, cats, or other animals and that is
58 owned, operated, or maintained by a humane society, an animal
59 welfare society, a society for the prevention of cruelty to
60 animals, or another nonprofit organization devoted to the
61 welfare, protection, and humane treatment of dogs, cats, or
62 other animals.
63 (2) An animal control agency or animal shelter that
64 euthanizes animals shall maintain a registry of animal rescue
65 groups that are willing to accept animals that are subject to
66 euthanization.
67 (a) The euthanization registry must consist of any animal
68 control agency, animal shelter, or animal rescue group that is
69 designated as an agency meeting the qualifications of s.
70 501(c)(3) of the Internal Revenue Code and that has requested
71 that its name be placed on the euthanization registry. Such an
72 agency, shelter, or rescue group must be included on the
73 euthanization registry regardless of the geographical location
74 of the agency, shelter, or rescue group and regardless of any
75 other factor except as described in subsection (3).
76 (b) The euthanization registry may include, at the
77 discretion of the animal control agency or animal shelter, any
78 person or animal rescue group that has not met the
79 qualifications of s. 501(c)(3) of the Internal Revenue Code.
80 (3) An animal control agency or animal shelter may refuse
81 to include a rescue group or person on the euthanization
82 registry or may remove it or the person from the euthanization
83 registry if a current director, officer, staff member, or
84 volunteer of the rescue group has been convicted in a court of
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HB 597 2012
85 competent jurisdiction of a crime consisting of cruelty to
86 animals or neglect of animals, or if such char es are pending,
87 or if the rescue group is constrained by a court order that
88 prevents the rescue group from taking in or kee in animals. An
89 animal control agency or animal shelter may require the rescue
90 group to disclose any convictions, charges, or legal im ediments
91 described in this subsection.
92 (4) The euthanization registry must include the followin
93 information provided by the rescue group:
94 (a) The name of the rescue group or person.
95 (b) The mailing address and telephone number.
96 (c) The website and e-mail address, if any.
97 (d) The emergency contact information for the rescue
98 rg oup.
99 (e) The types of animals about whom the rescue grou
100 wishes to be contacted, including species type and breed.
101 (f) A statement as to whether the rescue group is willing
102 and able to care for unweaned animals, sick or injured animals,
103 or animals with behavior problems.
104 (5) An animal control agency or animal shelter may require
105 that a rescue group provide monthly for public inspection
106 information concerning the number of animals that:
107 (a) Have been taken from an animal control agency or
108 animal shelter and placed with the rescue group;
109 (b) Have been adopted;
110 (c) Have died or have been euthanized; or
111 (d) Remain in the care of the rescue group.
112
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113 This information may be provided in an informal format, such as
114 via electronic mail. An animal control a ency or animal shelter
115 may not demand additional information other than that described
116 in this subsection as a rerequisite for includin a rescue
117 group on the euthanization registry or for continuin to
118 maintain the rescue group on the re istry.
119 (6) An animal control agency or animal shelter may not
120 euthanize an animal until the animal control a ency or animal
121 shelter has notified, or made a reasonable attempt to notify,
122 all rescue groups or persons on the euthanization re istry which
123 have indicated a willingness to take an animal of that type.
124 (a) The notification must take place at least 24 hours
125 before the animal is scheduled to be euthanized.
126 (b) At a minimum, the notification must include a
127 verifiable electronic communication. Notification to each rescue
128 group is considered complete when this has been accom lished.
129 (c) An animal may not be euthanized if a rescue grou or
130 person on the euthanization registry indicates a willin ness to
131 take possession of the animal.
132 (d) The rescue group or person agreein to take ossession
133 of the animal must do so within 2 business days after notifyin
134 the animal control agency or animal shelter that has possession
135 of the animal.
136 (e) The animal control agency or animal shelter may assess
137 a fee, not to exceed the standard adoption fee, for each animal
138 released to a rescue group.
139 (7) The requirements of subsection (6) do not apply in the
140 following cases:
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141 (a) An irremediably sufferin animal may be euthanized
142 without delay under s. 828.05.
143 (b) A dangerous dog may be euthanized without delay under
144 s. 767.13.
145 (c) Upon the impoundment of an unweaned animal without its
146 mother, an animal control agency or animal shelter that has not
147 placed the animal into foster care or is not able to rovide
148 supplemental feeding shall immediately make an emer ency a eal
149 to a rescue group or person on the euthanization re istry who
150 has indicated a willingness to care for unweaned animals, and
151 shall give the rescue group or person a reasonable amount of
152 time, but not less than 8 hours, to respond to the ap eal.
153 (8) An animal control agency or animal shelter shall
154 provide for public inspection a monthly summary that includes
155 the number of animals, by species type, during the revious
156 month which:
157 (a) Were impounded;
158 (b) Were euthanized by the animal control a ency or animal
159 shelter;
160 (c) Died, were lost, or were stolen while in the direct or
161 constructive care of the animal control a ency or animal
162 shelter;
163 (d) Were returned to their owners;
164 (e) Were adopted;
165 (f) Were transferred to other organizations or rescue
166 groups; or
167 (g) Remain in the custody of the agency or shelter.
168 (9) Each animal control agency or animal shelter shall
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169 provide for public inspection an annual summary that includes
170 the number of animals, by s ecies type, durin the revious
171 calendar year which:
172 (a) Were impounded;
173 (b) Were euthanized by the animal control a ency or animal
174 shelter;
175 (c) Died, were lost, or were stolen while in the direct or
176 constructive care of the animal control a ency or animal
177 shelter;
178 (d) Were returned to their owners;
179 (e) Were adopted;
180 (f) Were transferred to other or anizations or rescue
181 groups; or
182 (g) Remain in the custody of the a ency or shelter
183 Section 3. This act shall take effect July 1, 2012.
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