Stop Needless Euthanasia with a Mandatory Spay Neuter Policy by Amending Florida Statute 823.15

Proposed changes: 

823.15. Dogs and cats released from all points of sales/adoptions including; animal shelters/adoption agencies, animal control agencies, pet shops, breeders, veterinarian offices and public and private sales/adoptions; sterilization requirement

(Revision for paragraph 2)

(2) In furtherance of this policy, provision shall be made for the sterilization of all dogs and cats sold or released for adoption from all points of sales/adoptions including: veterinarian’s offices, pet shops/stores, public/private sales/adoptions (including free animals), breeder’s, (see exemptions below), any public or private animal shelter or animal control agency operated by a humane society or by a county, city, or other incorporated political subdivision, by either:

(a) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or

(b) Entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will be performed within 30 days. All points of sale/adoption shall require a sufficient deposit from the adopter or purchaser, which deposit shall be refundable upon presentation of written evidence by the veterinarian performing the sterilization that the animal has been sterilized. The deposit or donation may be based upon recommended guidelines established by the Florida Federation of Humane Societies. Failure by either party to comply with the provisions of this paragraph shall be a noncriminal violation as defined in s. 775.08(3), punishable by a fine, forfeiture, or other civil penalty, and, in addition thereto, the deposit or donation shall be forfeited to the point of sale/adoption. Any legal fees or court costs used for the enforcement of this paragraph are the responsibility of the adopter. Upon the request of a licensed veterinarian, and for a valid reason, the seller/adoption agency shall extend the time limit within which the animal must be sterilized.

(c) All point of sales including breeders, pet shops/stores, and private or other public sales may include a low cost spay/neuter voucher to be used within 30 days of the sale/adoption. This voucher should be incorporated into the sale or adoption donation/fee. For example if an animal is sold for 300.00 the amended price, which would include 100.00 off the sterilization of the animal, would then be 400.00. This voucher would be used at a veterinarian of the seller’s/adoption agency’s choice. Most point of sales/adoptions already has a veterinarian they work with, so it will be up to the seller/adoption agency to establish this relationship for sterilization. At the time of release seller/adoption agency must stress that this isn’t an option, it is the law with heavy penalties for non-compliance.

(3) All costs of sterilization pursuant to this section shall be paid by the prospective adopter unless otherwise provided for by the seller/adoption agency or by ordinance of the local governing body, with respect to animal control agencies or shelters operated or subsidized by a unit of local government, or provided for by the humane society governing body, with respect to an animal control agency or shelter operated solely by the humane society and not subsidized by public funds.

(4) Exemptions for registered breeders and ‘special needs’ animals (with a veterinarian’s recommendation) Special city licenses much be held by legit breeder's to qualify for exemption. 'Special Needs', must have a licensed veterinarian's approval.