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Agenda 03/10/2009 Item #16D 2 Agenda Item No. 1602 March 10. 2009 Page 1 of 11 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign and forward to the State of Florida Legislature, a Resolution supporting House Bill 451 which requires sterilization of dogs and cats of a specified age and provides exceptions OBJECTIVE: That the Board of County Commissioners approves, and authorizes the Chairman to sign and forward to the State of Florida Legislature, a Resolution supporting House Bill 451 which requires sterilization of dogs and cats of a specified age and provides exceptions. CONSIDERATIONS: Pet overpopulation is a preventable problem that can be solved simply by sterilizing companion animals. Sterilization is a reasonably safe procedure when performed by a licensed veterinarian that prevents dogs and cats from reproducing through surgical sterilization of an animal's reproductive system. In addition to reducing overpopulation, sterilization has other positive effects, including decreased aggression; reduced risk of cancer; decreased drive to roam; and decreased tendency in males to mark their territory. The Domestic Animal Services Advisory Board voted 4-3 to recommend that the Board of County Conunissioners approve this Resolution during their regular meeting on February l7, 2009. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners approves, and authorizes the Chairman to sign and forward to the State of Florida Legislature, a Resolution supporting House Bill 451 which requires sterilization of dogs and cats of a specified age and provides exceptions. PREPARED BY Hailey Alonso, Administrative Assistant, Domestic Animal Services Page 1 of I Agenda Item No. 1602 March 10, 2009 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D2 Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign and forward to the State of Florida Legislature a Resolution supporting House Bill 451 which requires sterilization of dogs and cats of a specified age and provides exceptions. Meeting Date: 3/10/20099:0000 AM Prepared By Hailey Alonso Administrative Assistant Date Public Services Domestic Animal Services 2/20/20093:22:46 PM A.pproved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 2/23/2009 4:44 PM Appro\'ed By Amanda Townsend Operations Coordinator Date Public Services Parks and Recreation 2f23/2009 4:55 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 2/24/20093:32 PM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2f26f2Q09 11 :24 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/26/20093:13 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2/27/200910:45 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3f2f2009 6:35 PM file://C:\AgendaTestIExportI125-March%20 I O. %202009116.%20CONSENT%20AGENDA 11... 3/4/2009 Agenda Item No. 1602 March 10,2009 Page 3 of 11 RESOL1:TION No. 2009-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY SUPPORTING PROPOSED STATE LEGISLATION REQUIRING STERILIZATION OF DOGS AND CATS OF A SPECIFIED AGE AND PROVIDING EXCEPTIONS. WHEREAS, pet overpopulation is a preventable problem that can be solved simply by sterilizing companion animals, and WHEREAS, many euthanized dogs and cats are the unwanted offspring of family pets, and WHEREAS, sterilization includes reasonably safe procedures perfonned by licensed veterinarians to prevent dogs and cats from reproducing through surgical sterilization of an animal's reproductive system, and WHEREAS, in addition to reducing pet ovcrpopulation, sterilization has other positive effccts, including decreased aggression and temperament problems; reduced risk of cancer; decreased drive to roam or fight with other animals; and decreased tendency of males to mark territory, NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: The Commission declares its support to the Statc of Florida Legislature for the creation of legislation requiring sterilization of dogs and cats of a specified age and providing exceptions. This Resolution shall be effective upon adoption. This Resolution adopted this and majority vote in favor of passage. day of , 2009 after motion, second ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN H 0 USE Agenda Item No. 1602 March 10, 2009 R E PRE S E N TAT Prg\74 ~ 1 S FLORIDA o F HB 451 2009 1 A bill to be entitled 2 An act relating to sterilization of dogs and cats; 3 creating s. 828.35, F.S.; requiring the sterilization of 4 dogs and cats of a specified age; providing exceptions; 5 authorizing a county or municipality to enact ordinances 6 requiring the licensure of dogs and cats that are not 7 sterilized; requiring the Department of Agriculture and 8 Consumer Services to adopt rules for the approval of breed 9 registration organizations; providing penalties; amending 10 s. 823.15, F.S.; conforming requirements for the 11 sterilization of dogs and cats in animal shelters and 12 animal control agencies to the changes made by the act; 13 deleting a provision extending the time for sterilization; 14 amending s. 828.27, F.S.; revising definitions; 15 authorizing county and municipal ordinances relating to 16 sterilization of animals; authorizing a county or 17 municipality to collect a surcharge on civil penalties; 18 providing an effective date. 19 20 WHEREAS, pet overpopulation is a preventable problem that 21 can be solved simply by spaying or neutering companion animals, 22 and 23 WHEREAS, many euthanized dogs and cats are the offspring of 24 family pets, and 25 WHEREAS, one unneutered male dog or cat can impregnate 26 dozens of females, leading to hundreds of unwanted animals, and 27 WHEREAS, spaying and neutering are reasonably safe 28 procedures performed by licensed veterinarians to prevent dogs Page 1018 CODING: Words are deletions; words are additions. hb0451-00 FLORIDA H 0 USE o F Agenda Item No. 1602 March 10. 2009 R E PRE S E N TAT Prgr,,5 'E{ 1 S HB451 2009 29 and cats from reproducing through surgical sterilization of an 30 animal' s reproductive system, and 31 WHEREAS, in addition to reducing pet overpopulation, 32 spaying and neutering have other positive effects, including 33 decreased aggression and temperament problems; reduced risk of 34 cancer; decreased drive to roam in search of a mate or fight 35 with other animals; and decreased tendency of males to urinate 36 to mark territory, NOW, THEREFORE, 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 828.35, Florida Statutes, is created to 41 read: 42 828.35 Sterilization of dogs and cats; exceptions; 43 penalties.-- 44 ( 1) The owner of every dog or cat in this state must 45 provide sterilization of the animal by a veterinarian licensed 46 under chapter 474 within 30 d?ys after the animal reaches 4 47 months of age or 30 days after the owner takes custody_ of the 48 animal, whichever occurs later. This subsection does not apply 49 to an animal exempt from sterilization under subsection (2). 50 (2) (a) A dog or cat is exempt from sterilization if a 51 licensed veterinarian has examined the animal and has certified 52 in writing that, at the time of examination, sterilization would 53 endanger the animal's health because of its age, infirmity, 54 disability, illness, or other medical consideration. An exempt 55 animal must be sterilized as soon as its health permits, except 56 as otherwise provided in this subsection_ Page 2 of 8 CODING: Words are deletions; words are additions. hb0451-00 H 0 USE Agenda Item No. 16D2 March 10, 2009 R E PRE S E N TAT 9a~ 6 ~f 1 S FLORIDA o F HB451 2009 57 (bl The governing body of a county or municipality is 58 authorized to enact ordinances that require the licensure of the 59 following animals that shall be exempt from sterilization: 60 1. A show animal registered with an established breed 61 registration organization approved by the Division of Animal 62 Industry of the Department of Agriculture and Consumer Services. 63 The department shall adopt rules under ss. 120.536(1) and 120.54 64 to administer this subparagraph. 65 2. A dog or cat that has earned, or is in the process of 66 earning, a competitive sports or training title, including, but 67 not limited to, agility, obedience, or herding. 68 3. An animal trained, or in training, for use as a guide 69 dog or service animal_ 70 4. A dog trained, or in training, for use in law 71 enforcement, military, or rescue activities. 72 5. An animal for which the owner has a valid breeding 73 permit issued in accordance with an ordinance of the county or 74 municipality. 75 (cl A greyhound racing dog that currently participates in 76 racing at a licensed parimutuel facility is exempt from 77 sterilization. An exempt animal must be sterilized upon 78 retirement from racing, except as otherwise provided in this 79 subsection. 80 (3) Effective July 1, 2010, a person who violates 81 subsection (1): 82 83 84 (al For a first offense commits a civil infraction, punishable as provided in s. 828.27(2), except the!~inimum civil \ penalty is $100. ' Page 3 of 8 CODING: Words are delefions; words are additions. hb0451-00 FLORIDA HOUSE o F Agenda Item No. 16D2 March 10, 2009 R E PRE S E N TAT 9ag~ 7 ~ 1 S HB451 2009 85 (b) For a second offense commits a civil infraction, 86 punishable as provided in s. 828.27(2), except the minimum civil 87 penalty is $250. 88 (cl For a third or subsequent offense commits a 89 misdemeanor of the second degree, punishable as provided in s. 90 775.082 or s. 775.083. 91 (4) This section does not prohibit or limit a county or 92 municipality from establishing requirements that are more 93 stringent than this section. 94 Section 2. Subsection (2) of section 823.15, Florida 95 Statutes, is amended to read: 96 823.15 Dogs and cats released from animal shelters or 97 animal control agencies; sterilization requirement.-- 98 (2) In furtherance of this policy, provision shall be made 99 for the sterilization of all dogs and cats sold or released for 100 adoption from any public or private animal shelter or animal 101 control agency operated by a humane society or by a county, 102 municipality~, or other incorporated political subdivision, 103 by either: 104 (a) Providing sterilization by a licensed veterinarian 105 before relinquishing custody of the animal; or 106 (b) Entering into a written agreement with the adoptor or 107 purchaser guaranteeing that sterilization will be performed in 108 accordance with s. 828.35 '.,i::hin 30 dClYO or prior to oCl:uCll 109 ffiClturity. The shelter or animal control agency shall require a 110 sufficient deposit from the adoptor or purchaser, which deposit 111 shall be refundable upon presentation to the shelter or animal 112 control agency of written evidence by the veterinarian Page 4 of 8 CODING: Words are deletions; words are additions. hb0451-00 H 0 USE Agenda Item No. 16D2 March 10, 2009 R E PRE S E N TAT Pr"9V8 'E! 1 S FLORIDA o F HB451 2009 113 performing the sterilization that the animal has been 114 sterilized. The deposit or donation may be based upon 115 recommended guidelines established by the Florida Federation of 116 Humane Societies. Failure by either party to comply with the 117 provisions of this paragraph shall be a noncriminal violation as 118 defined in s. 775.08(3), punishable by a fine, forfeiture, or 119 other civil penalty, and, in addition thereto, the deposit or 120 donation shall be forfeited to the shelter or animal control 121 agency. Any legal fees or court costs used for the enforcement 122 of this paragraph are the responsibility of the adoptor. ~ 123 the request of ~ licensed veterinari~n, aRd for ~ valid reaD on, 124 the ohelter or animal control a'leRey Dhall enteRS the time limit 125 '.:ithin '.,hich the animal must be oterilizc:d. 126 Section 3. Paragraphs (b) and (g) of subsection (1), 127 subsection (2), paragraph (b) of subsection (4), and subsection 128 (7) of section 828.27, Florida Statutes, are amended to read: 129 828.27 Local animal control or cruelty ordinances; 130 penalty.-- 131 132 (1) As used in this section, the term: (b) "Animal control officer" means any person employed or 133 appointed by a county or municipality who is authorized to 134 investigate, on public or private property, civil infractions 135 relating to animal control, sterilization, or cruelty and to 136 issue citations as provided in this section. An animal control 137 officer is not authorized to bear arms or make arrests; however, 138 such officer may carry a device to chemically subdue and 139 tranquilize an animal, provided that such officer has 140 successfully completed a minimum of 16 hours of training in Page 5 of8 CODING: Words are deletions; words are additions. hb0451-00 FLORIDA Agenda Item No. 1602 March 10. 2009 R E PRE S E N TAT 9a~ 9 ~ 1 S H 0 USE o F HB451 2009 141 marksmanship, equipment handling, safety and animal care, and 142 can demonstrate proficiency in chemical immobilization of 143 animals in accordance with guidelines prescribed in the Chemical 144 Immobilization Operational Guide of the American Humane 145 Association. 146 (g) "Ordinance" means any ordinance relating to the 147 control or sterilization ofL or cruelty tOL animals enacted by 148 the governing body of a county or municipality the violation of 149 which is a civil infraction_ 150 (2) The governing body of a county or municipality is 151 authorized to enact ordinances relating to animal controlL 152 sterilization, or cruelty, which ordinances must provide: 153 154 infraction. (a) That a violation of such an ordinance is a civil 155 156 (b) A maximum civil penalty not to exceed $500. (c) A civil penalty of less than the maximum civil penalty 157 if the person who has committed the civil infraction does not 158 contest the citation. 159 (d) For the issuance of a citation by an officer who has 160 probable cause to believe that a person has committed an act in 161 violation of an ordinance. 162 163 (e) For the contesting of a citation in the county court. (f) That, if a person fails to pay the civil penalty, 164 fails to appear in court to contest the citation, or fails to 165 appear in court as required by subsection (6), the court may 166 issue an order to show cause upon the request of the governing 167 body of the county or municipality. This order shall require 168 such persons to appear before the court to explain why action on Page 6 of 8 CODING: Words ,'.;,1", are deletions; words are additions. hb0451-00 FLORIDA H 0 USE o F Agenda Item No. 16D2 March 10, 2009 R E PRE 5 E N T A TP'lge\JO ~ 1 S HB451 2009 169 the citation has not been taken. If any person who is issued 170 such order fails to appear in response to the court's directive, 171 that person may be held in contempt of court. 172 (g) Such procedures and provisions as are necessary to 173 implement any ordinances enacted under the authority of this 174 section. 175 176 ( 4) (b) The governing body of a county or municipality may 177 impose and collect a surcharge of up to $5 upon each civil 178 penalty imposed for violation of an ordinance relating to animal 179 control, sterilization, or cruelty. The proceeds from the ~ 180 surcharges shall be used to pay the costs of training for animal 181 control officers. 182 (7) Nothing contained in this section shall prevent any 183 county or municipality from enacting any ordinance relating to 184 animal control, sterilization, or cruelty which is identical to 185 the provisions of this chapter or any other state law, except as 186 to penalty. However, no county or municipal ordinance relating 187 to animal control or cruelty shall conflict with the provisions 188 of this chapter or any other state law. Notwithstanding the 189 provisions of this subsection, the governing body of any county 190 or municipality is authorized to enact ordinances prohibiting or 191 regulating noise from any domesticated animal, violation of 192 which shall be punishable upon conviction by a fine not to 193 exceed $500 or by imprisonment in the county jail for a period 194 not to exceed 60 days, or by both such fine and imprisonment, 195 for each violation of such ordinance. This subsection shall not 196 apply to animals on land zoned for agricultural purposes. Page 7 018 CODING: Words stricken are deletions; words are additions. hb0451-00 FLORIDA H 0 USE o F Agenda Item No. 1602 March 10, 2009 R E PRE S E N T A TP'lge.j 1 !f 1 S HB451 2009 197 Section 4. This act shall take effect January I, 2010. Page 8 of 8 CODING: Words strioken are deletions; words un(1elii"8~ are additions. hb0451-OQ