SB1576 Animal Welfare Building Lost Pet Reunion Programs that Adhere to F.S.S. 823.151 Presented by FAAWO
SB 1576 Animal Welfare SB 1576 Animal Welfare by Senator Steube (R-Sarasota) and Rep. Leek (R-Daytona Beach) Cruelty Provisions: Reclassifies sentencing guidelines for aggravated animal cruelty convictions from a level 3 to a level 5, providing greater judicial discretion in sentencing felony cruelty offenders Clarifies a court s authority to issue orders of no animal contact for those convicted of any violation of 828.12, both misdemeanor and felony level violations: 828.12 (6) In addition to other penalties prescribed by law, a person who is convicted of a violation of this section may be prohibited by the court from owning, possessing, keeping, harboring, or having custody or control over any animal for a period of time determined by the court. Lost or Stray Dogs or Cats: Requires a public or private shelter, humane organization, or animal control agency that takes receivership of any lost or stray dogs or cats to adopt written policies and procedures to ensure that every reasonable effort is made to quickly and reliably return owned animals to their owners. Specifies 9 required criteria for these policies and procedures. Law goes into effect October 1, 2018.
SB 1576 Lost or Stray Dogs or Cats: Rationale Local ordinances often set minimum stray hold periods deemed appropriate to the community, but prior to this legislation, Florida had no statewide requirements for animal shelters or humane organizations with respect to owned lost or stray dogs or cats. Natural disasters, such as hurricanes, may result in an increase in owned dogs and cat becoming lost or stray. Dog and cat owners statewide should be afforded reasonable safeguards to ensure they may quickly and reliably claim lost pets. Standardizing these life-saving practices elevates animal sheltering across Florida, promotes lost pet reunification, and helps prevent accidental euthanasia of owned pets.
F.S.S. 823.151 Lost or Stray Dogs or Cats SB 1576 created F.S.S. 823.151, which requires a public or private shelter, humane organization, or animal control agency that takes receivership of any lost or stray dogs or cats to adopt written policies and procedures to ensure that every reasonable effort is made to quickly and reliably return owned animals to their owners. Such lost pet policies and procedures must include the following 9 criteria: screening for identification, such as tags and microchips, upon intake; a process for matching pets coming into the shelter with reports of lost pets made to the shelter by owners; public notice of stray dogs and cats received by the shelter, provided at the shelter or on the Internet; reasonable efforts to notify identified pet owners within 48 hours; public notice of shelter hours, location, and return-to-owner process; access for owners to claim lost pets outside of normal business hours at least 1 weekend day per week and after 5:00 p.m. 1 weekday per week (no increase in total operating hours required); direct return-to-owner protocol for returning lost dogs or cats to owners when owners have been identified by an officer in the field; Procedural safeguards to minimize the euthanasia of owned dogs and cats that shall include: record verification to ensure that each animal to be euthanized is the correct animal designated for the procedure and proper scanning for an implanted microchip using a universal scanner immediately prior to the procedure; and temporary extension of local stray hold periods when an emergency is declared, if deemed appropriate by local government.
Criteria 1: Screening for Identification Upon intake, screening of lost or stray dogs and cats for identification, including tags, licenses, implanted microchips, and tattoos.
Criteria 2: Process for Matching Found Pets with Received Lost Pet Reports A process for matching received lost or stray dogs and cats with any reports of lost pets received by the shelter from owners.
Criteria 3: Public Notice of Received Lost or Stray Dogs or Cats Public notice of lost or stray dogs and cats received, provided at the shelter or on the Internet, as appropriate, within 48 hours of the animal s admission.
Criteria 4: Owner Notification Reasonable efforts to notify identified owners of lost or stray dogs and cats within 48 hours of identification. Such reasonable efforts may include, but are not limited to, attempts to contact identified owners by telephone, by electronic mail, by United States mail, or by personal service at the owner s last known phone number and address.
Criteria 5: Public Notice of Shelter Hours, Location, Fees, and RTO Process Notice to the public of the shelter s location, hours, fees, and the return-to-owner process posted on the Internet, with the shelter s business hours posted outside the shelter facility and recorded on the shelter s telephone answering system message.
Criteria 6: Public Access Outside Standard Business Hours Access for owners to retrieve dogs and cats at least 1 weekend day per week and after 5:00 p.m. 1 weekday per week No increase in total operating hours required
Criteria 7: RTO in the Field Direct return-to-owner protocols that allow animal control officers in the field to directly return lost or stray dogs and cats to their owners when the owners have been identified.
Criteria 8: Procedural Safeguards to Minimize Euthanasia of Owned Pets Procedural safeguards to minimize the euthanasia of owned dogs and cats. Such safeguards shall include, but are not limited to, record verification to ensure that each animal to be euthanized is the correct animal designated for the procedure and proper scanning for an implanted microchip using a universal scanner immediately prior to the procedure.
Criteria 9: Temporary Extension of Hold Times after Disasters Temporary extension of local minimum stray hold periods after a disaster is declared by the President of the United States or a state of emergency is declared by the Governor, if deemed necessary by a local government in the area of the declaration.
Penalties for Non-Compliance Records related to F.S.S. 823.151 and maintained by a public or private animal shelter, humane organization, or animal control agency operated by a humane society or by a county, municipality, or other incorporated political subdivision must be made available to the public pursuant to F.S.S. chapter 119, Public Records. Note: public and private shelters are already subject to the records law for records related to 823.15 (2)(a) recordkeeping requirements. Penalties for non-compliance may apply for failure to provide the records on request to a member of the public. Shelters may also wish to post the shelter s Lost Pet policies and procedures on the shelter s website. 119.10 Violation of chapter; penalties. (1) Any public officer who: (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who willfully and knowingly violates: (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 [imprisonment up to 1 year] or s. 775.083 [fine not to exceed $1,000].