"The Pet Advocate's Town Hall Florida Information"

Welcome To The

Pet Advocate's

Town Hall

A place especially for the serious advocate

Are you ready to ADVOCATE?.....Do you want to be the VOICE of those who can't speak for themselves?....You're on The Right P.A.T.H.

Florida

If you are a Florida resident here are some good things to know

and

If you are interested in initiating badly needed changes please contact MikeyDeWeim@ZBirdBrain.com

(Please note: I am NOT an attorney, I am just a victim of Florida's inadequate dog laws )

Here are some interesting numbers. (link is pasted below). Apparently the state does not make this report available every year, this one is from 2003. The brains of 3,557 animals were tested for rabies that year in Florida. That total includes ferrets, hamsters, guinea pigs and a gerbil! (none of which tested positive for rabies) Out of those 3, 557 animals tested.....only 191 tested positive for rabies. They tested 782 dogs and only 2 had rabies. They tested 1,472 cats and 15 of them tested positive for rabies. This is an accuracy rate of 5.37%, instead of killing and testing so many animals it seems to me tax payer's money would be better spent on educating Animal Control Officers - how the rabies virus is actually spread and how to identify the symptoms. Just this tax payer's opinion!

I find it quite interesting that although it appears to be a violation of State Statute 828.13 many counties require beloved medically exempt dogs to be kept confined in a structure or kennel at ALL times and with absolutely NO exercise until they can be safely vaccinated while feral cat colonies consisting primarily of unvaccinated and unwanted cats seem to be acceptable. Records nationwide consistently show that cats have a much higher incidence of rabies than dogs and this is especially true of Florida. So why are medically exempt dogs supposed to be a threat to the community and why are they quite often treated accordingly?

Another issue to consider is the fact that in some states if the specimen is not properly submitted it could automatically be recorded as rabies positive.

It seems to me that it is acceptable for many Florida Counties to violate and/or completely disregard Florida State laws as well ignore vaccine manufacturer's recommendations for SAFE usage of their products. I believe one reason this is happening is because dogs that are not currently vaccinated are often described as "potentially rabid animals" and "a threat to the community" while feral cats are typically ignored.

Here are some photos of Mikey, my "threat to the community" followed by some rather contradictory laws and codes

CHAPTER 828 ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION

828.13 Confinement of animals without sufficient food, water, or exercise; abandonment of animals

(2) Whoever:
(a) Impounds or confines any animal in any place and fails to supply the animal during such confinement with a sufficient quantity of good and wholesome food and water,
(b) Keeps any animals in any enclosure without wholesome exercise and change of air, or
(c) Abandons to die any animal that is maimed, sick, infirm, or diseased,

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine.

(http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0828/ch0828.htm)

2) A dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has examined the animal and has certified in writing that at the time vaccination would endanger the animal's health because of its age, infirmity, disability, illness, or other medical considerations. An exempt animal must be vaccinated against rabies as soon as its health permits.

(http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=rabies+vaccination&URL=CH0828/Sec30.HTM)

Osceola County

Sec. 4-31. Animal shelters and veterinarian care.
(a)     The board of county commissioners may construct, operate and maintain a county animal shelter or sub-shelters for the purpose of impounding and maintaining animals under circumstances which include but are not limited to the following:
(7) Rabies susceptible animals which are not licensed and/or rabies inoculated, as required by this article;

(i)     Unless otherwise stated herein, no animal impounded pursuant to this article shall be released to its owner or keeper until:

(2)     An impounded animal which is susceptible to rabies is vaccinated against rabies and issued a current license at the expense of its owner or keeper; and
(3)     The owner or keeper of the impounded animal pays all expenses incurred by the county for impoundment, veterinarian care and daily maintenance.

Sec. 4-37. Vaccination, certificates and tags.
(e) Each year the owner or keeper of a dog or cat must have same vaccinated against rabies in order to obtain a tag for such dog or cat. The tag shall be attached to the collar of the dog or cat and shall be worn at all times except:

(3)     When a licensed veterinarian orders in writing that the collar and tag of a dog or cat be removed for health reasons, the dog or cat shall be confined in an enclosed building or kennel, at all times, until a licensed veterinarian permits the collar and tag to be placed back on the dog or cat.

Below are just some of the examples of other counties using the same regulation which requires dogs to be kept confined in a kennel or structure at all times as well as other questionable county codes. Please keep in mind Florida State Statute 828.13(b)

(b) Keeps any animals in any enclosure without wholesome exercise and change of air

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine.

ALACHUA COUNTY

(b) If a veterinarian gives a written opinion that a vaccination would be injurious to the health of a domestic animal, then the owner may suspend the vaccination for the time period that would be injurious. During the suspended time period, the owner shall confine the domestic animal in an enclosed building or kennel, or maintain the animal on a leash held by a human, until the domestic animal can be safely vaccinated.

BREVARD COUNTY

(b) (3) A licensed veterinarian examines the ferret, dog or cat and certifies in writing that rabies vaccination would endanger the health of such animal because of age, infirmity, disability, illness or other medical condition; provided, however, that the licensed veterinarian presents such certificate to the animal control supervisor within five days after the examination, and that ferret, dog or cat is confined in a secure enclosure until a licensed veterinarian properly administers the vaccination.

LAKE COUNTY

Sec. 4-65. Certificates and tags.

(3) When a licensed veterinarian orders in writing that the collar and tag be removed from the dog or cat for health reasons, in which case the dog or cat shall be confined in an enclosed building or a kennel at all times until a licensed veterinarian permits the collar and tag to be placed on the dog or cat.

ORANGE COUNTY

Chapter 5 ANIMALS

(b) A rabies vaccination is excused only if a dog, cat, or ferret is less than four (4) months of age, or if a licensed veterinarian certifies in writing that rabies vaccination would be injurious to the health of a dog or cat. In the latter case, such dog, cat, or ferret shall be confined in an enclosed building or a kennel at all times until a licensed veterinarian can safely vaccinate the dog, cat, or ferret.

FORT LAUDERDALE, CITY OF No Exemption

Sec. 6-32. Vaccination.

(a) It shall be unlawful for any person to own or any person who is in charge or in control of any dog over the age of six (6) months to keep or knowingly permit such dog within the corporate limits of the city without first having such dog vaccinated against rabies.

(b) Such owner or custodian shall, at the time of such vaccination against rabies, obtain from the licensed veterinarian performing such vaccination a certificate stating the kind, name and markings of the dog so vaccinated and the date of its vaccination against rabies. Such certificate shall also contain the name of the owner or person in charge or control of the dog, and the address where the dog is usually kept while in the city. The veterinarian vaccinating the dog shall issue to the owner, or the person in charge or control of the dog, a metal tag showing that the dog has been vaccinated against rabies, which tag shall be attached to the collar or harness of the dog.

POLK CITY

Sec. 14-31. Adoption of county ordinance; certification to board of county commissioners.

(h) The Broward County adult or juvenile license tag required by this section shall be worn by the dog or cat at all times, subject to the exceptions in this subsection. It shall be a violation of this chapter for any person to remove the license tag of any licensed dog or cat within Broward County except:

(1) When the dog or cat is participating in an organized exhibition, field trial or competition, or is in training for these events, or is engaged in a legal sport under supervision of its owner, or is undergoing grooming; or

(2) When the dog or cat is confined in a licensed kennel, grooming facility or a veterinary hospital, in which case the license tag number shall be recorded and readily identifiable with the dog or cat to which it belongs; if the animal is not licensed, the facility shall clearly indicate such on its records; or

(3) When a licensed veterinarian orders in writing that the license tag, collar or harness be removed for the dog's or cat's health, in which case the dog or cat shall be confined in a building, kennel or secure enclosure until the veterinarian permits the collar, harness or tag to be placed on the dog or cat.

Indian River NO EXEMPTION

Section 302.03. Annual vaccination and licensing requirement.

a. After the effective date of this chapter, it shall be unlawful and subject to all penalties provided below for any person to own, keep, harbor, maintain or have custody of any dog or cat which has attained an age of four (4) months, unless such dog or cat has been currently vaccinated, licensed, and collared or harnessed in accordance with the following provisions.

b. Veterinarians shall provide the Indian River County Animal Control authorities with a copy of the vaccination certificate pursuant to Section 828.30, F.S.

. After the effective date of this chapter, it shall be unlawful and subject to all penalties provided below for any person to own, keep, harbor, maintain or have custody of any dog or cat which has attained an age of four (4) months, unless such dog or cat has been currently vaccinated, licensed, and collared or harnessed in accordance with the following provisions.

b. Veterinarians shall provide the Indian River County Animal Control authorities with a copy of the vaccination certificate pursuant to Section 828.30, F.S.

Section 302.04. Procedure for application, issuance and renewal license.

1. On the annual due date of vaccination, every person subject to the requirement of section 302.03 shall make written application to the division of animal control for issuance or renewal of a license. Each application shall provide the applicant's name, residential address, and telephone number (home and business), and shall give an accurate description of the dog or cat being licensed, including name, breed, color, gender, size, reproductive status, and date of birth or age. In addition, an applicant shall provide proof of vaccination for rabies, administered by a licensed veterinarian within the twelve-month period immediately preceding the date of application. No license shall be issued in the absence of such proof, which shall be by signed certificate of the administering veterinarian, indicating the date of the vaccination, the manufacturer, and the lot or serial number of vaccine used. A certificate shall not be valid for more than one (1) animal unless clearly indicated otherwise thereon by the certifying veterinarian. When a dog or cat attains the age of four (4) months, the owner shall have thirty (30) days thereafter in which to make application for and obtain a license as required above.

Walton County NO EXEMPTION

Sec. 5-34. Rabies vaccinations.

Every owner of a dog, cat or ferret over four months of age shall cause such dog, cat or ferret to be vaccinated against rabies annually by a licensed veterinarian pursuant to F.S. § 828.30. Every owner of each dog, cat or ferret so vaccinated is required to cause the dog, cat or ferret to wear a valid inoculation tag at all times. Failure to annually vaccinate a dog, cat, or ferret as per F.S. § 828.30, shall be a violation of this article.

(Ord. No. 2001-07, § VII, 6-12-01; Ord. No. 2001-21, § 5.109, 10-23-01)

Marion County NO EXEMPTION

(b) An electronic animal identification device (microchip) may be used for any dog or cat in lieu of wearing an animal license, provided the microchip identification number is recorded with the county animal impoundment center.

(b) Every owner of a dog or cat over the age of three (3) months shall cause such animals to be vaccinated annually against rabies by a licensed veterinarian or under the direct supervision of a licensed veterinarian. Every owner of a dog or cat shall cause such animals to be re-vaccinated annually against rabies, as recommended by the Animal Rabies Vaccine Compendium of the National Association of State Public Health Veterinarians, with an approved animal rabies vaccine.

Leon County

Sec. 4-76. Rabies vaccination required.

(a) Frequency; exception. Every dog and cat four months of age or older shall be vaccinated against rabies with a U.S. government-approved vaccine. Each animal shall be required to be vaccinated no more frequently than the effective period of the approved vaccine used. Such vaccination is excused only if a licensed veterinarian certifies in writing that a vaccination would be injurious to the dog's or cat's health. In such case, the dog or cat shall be confined in an enclosed building or kennel until the dog or cat can be safely vaccinated.

Sec. 14-15. Rabies vaccination of dogs and cats.

(a) The owner of an adult dog or cat within the city shall cause such dog or cat to be vaccinated against rabies each year by a licensed veterinarian. It is a violation of this chapter for the owner of an adult dog or cat to refuse or fail to have the dog or cat vaccinated against rabies as required by this section.

(b) Rabies vaccination is not required if:

(1) A dog or cat is less than six months of age;

(2) A dog or cat has been vaccinated against rabies in another state during a period not to exceed one year from the date of the rabies vaccination, provided that the owner of such dog or cat presents a certificate of rabies vaccination to the animal control authority; or

(3) A licensed veterinarian examines a dog or cat and certifies in writing that rabies vaccination would endanger the health of such dog or cat because of age, infirmity, disability, illness or medical condition, provided that the licensed veterinarian presents such certificate to the animal control authority within five days of the examination and that such dog or cat is confined in a secure enclosure until a licensed veterinarian can safely vaccinate the dog or cat.

All dogs, cats, and ferrets 4 months of age or older must be vaccinated by a licensed veterinarian against rabies with a vaccine that is licensed by the United States Department of Agriculture for use in those species. The owner of every dog, cat, and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer's directions. The cost of vaccination must be borne by the animal's owner. Evidence of circulating rabies virus neutralizing antibodies shall not be used as a substitute for current vaccination in managing rabies exposure or determining the need for booster vaccinations.

One last County code, this one has nothing to do with rabies control but it was just too ridiculous to pass up!

I can truly understand the pooper scooper rules and regulations but how do you walk your dog and ensure that it will not relieve itself on any property other than your own?

Sec. 20.18. Urinating and defecating.

It shall be unlawful for any animal owner to permit, either wilfully or through failure to exercise due care and control, any animal to soil, defile, urinate, defecate, on any private or public property other than that of the owner without expressed or implied consent.

Below are some letters and information that I have submitted to politicians.

Below is a very small portion of my correspondence with a state Senator's Legislative Assistant in 2005 - 2006. After much very positive correspondence from her for approximately one year about proposed legislation she informed me that it would be extremely difficult for the the Senator to get involved. She neglected to reply to my final comments (posted below.) I tried to justify this by thinking that perhaps the Senator was too busy with what she felt were more important matters. A few days later our State Legislators took the time to vote on the official state pie but unfortunately according to the official state website the Senate failed to keep records of who voted on this powerful piece of legislation. Perhaps they were too embarrassed to admit that they participated in such a tremendous waste of time and tax payer's money. I do know that I will definitely be thinking about my dog and pie the next time I vote.

I understand your frustration over the situation you have found yourselves in. You indicate in your packet, how you would like to see some changes in the current law. Unfortunately, Legislative Session is almost over and no changes can be made at this point. All bills have been filed and are now working their way through the Committee process. At the State level, the filing deadline falls the first week of Session.

All is not lost, however. I will continue to work on trying to find a solution for the issues you are concerned with. We will continue to research the issue and I will discuss your concerns with the Senator to determine how best to proceed. Perhaps a bill can be presented next year in the 2006 Legislative Session which would address the issues affecting you and other families.

As we move forward, I will keep in touch with you and let you know what the Senator has determined. Please know we will make every effort to create laws which benefit every citizen of this district and State.

Please keep me informed on any new information you may receive. Also, if things change or anything happens with Mikey, let me know and I will try to assist.

I hope this information will serve you well. Should you need anything further with regards to this or any other issue, please do not hesitate to contact me.

I apologize for not contacting you sooner. At this time, the Senator is unable to file this type of legislation. We have spoken on the matter, and I can tell you it is one that is difficult to file legislation on. The charter governments of Florida are given certain responsibilities, which they are 100% responsible for. Among these are human and pet services. Unfortunately, it would be quite difficult to file legislation that would challenge the rights already give to charter governments. They are able to make decisions for their counties in certain areas, so long as they follow the Law. I will certainly continue to monitor the situation and discuss it with the Senator.

Perhaps as she and I continue to research we can find a way to adequately and appropriately change the law.

If someone kept a dog confined in a kennel at all times for several days, weeks or months wouldn’t that person be guilty of animal cruelty under state statute 828.13?

Florida State Statute 828.13(2) Whoever:
(b) Keeps any animals in any enclosure without wholesome exercise and change of air
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine.

You indicated that these charter governments are able to make decisions for their counties in certain areas, so long as they follow the law. I have previously sent you the following regulation and very similar regulations that are quite common throughout many Florida counties and I will gladly send them to you again if it will be helpful.

A rabies vaccination is excused only if a dog, cat, or ferret is less than four (4) months of age, or if a licensed veterinarian certifies in writing that rabies vaccination would be injurious to the health of a dog or cat. In the latter case, such dog, cat, or ferret shall be confined in an enclosed building or a kennel at ALL times until a licensed veterinarian can safely vaccinate the dog, cat, or ferret.

These rather widely used regulations seem to be in direct conflict with state statute 828.13(2). Due to county regulations like the one above medically exempt dogs in cases like Mikey’s should be kept locked in a kennel for years or possibly even for life. In Mikey’s case that confinement would have been two years so far. Failure to comply could be grounds for confiscation. Because of these obviously conflicting laws no matter which choice we make we are violating the law and I find it unacceptable that our state lawmakers are unwilling to take action that will eliminate this catch 22 situation they have assisted in creating. I fail to see where the current state law is protecting pet owners or medically exempt pets. The wording of the current state statute is inadequate and does not provide protection for sick and elderly pets.

In some counties once a dog is impounded the county regulations require that all dogs be vaccinated prior to release offering no exceptions for medically exempt dogs as demonstrated in Osceola County code 4.31 (i) Unless otherwise stated herein, no animal impounded pursuant to this article shall be released to its owner or keeper until:

(1) The owner or keeper of the impounded animal executes a sworn statement of ownership and responsibility;

(2) An impounded animal which is susceptible to rabies is vaccinated against rabies and issued a current license at the expense of its owner or keeper.

This would be done knowing that the vaccine could be detrimental to the pets’ health as stated in the letters of exemption that have been provided by the pets’ veterinarians. It would also be done knowing that even the product manufacturers state that their products should only be “administered to healthy animals.” Nobivac’s Rabies Data Sheet (http://www.intervet.co.uk/Products_Public/Nobivac_Rabies/090_Product_Datasheet.asp) offers this statement, “Only healthy animals should be vaccinated.” Merial’s IMRAB3 insert (http://merialusa.naccvp.com/prodlist.php?mannum=1111&u=country&p=msds) offers the following statement, “IMRAB3 is recommended for the vaccination of healthy cats, dogs, sheep, horses and ferrets against disease caused by rabies virus.” The insert for Schering-Plough’s RABDOMUN1 (http://sploughus.naccvp.com/view.php?prodnum=1047166&u=country&p=msds) vaccine carries this statement “RABDOMUN1 is used for the vaccination of healthy dogs and cats as an aid in the prevention of rabies. The product has been tested under laboratory conditions and has shown to meet all federal standards for safety and ability to immunize when used in healthy animals.” Pfizer issues this statement “Defensor3 (http://www.pfizerah.com/product_overview.asp?drug=DE&country=US&Lang=EN&species=CN) is for vaccination of healthy dogs, cats, cattle and sheep 3 months of age or older as an aid in preventing rabies. This product has been shown to be efficacious in healthy animals.”

Medically exempt pets clearly are not healthy animals. I believe administering the vaccine to medically exempt pets would be considered as “off label” usage of a pharmaceutical biological product and licensed veterinarians know that off label usage can not only jeopardize the pets’ health but could also have consequences for the veterinarian who takes such liberties. If this off label usage is a requirement of the county it seems that similar consequences could apply to the county as well and especially so when state statutes allow medical exemptions.

It appears that our lawmakers have allowed these charter governments to be established in such a way that they have actually tied their own hands. Obviously Senator Nan Rich and Representative David Russell did find a way to work around it when they initiated and successfully passed S0898 / HB255 requiring all Florida counties to accept usage of the three year rabies vaccine and stop the common practice of revaccinating currently vaccinated pets. Perhaps they could offer some guidance?

Although I assume that I am the only owner of a medically exempt dog who has asked for your help I can assure you that I am not alone. There are many medically exempt pets in Florida. I think most people prefer to remain in hiding with their pets to avoid angering and attracting the attention of Animal Control for fear of retaliation rather than attempting to initiate badly needed changes as I have done.

I appreciate your concern and I will keep you updated but unfortunately if a situation ever arises and Mikey is impounded it is unlikely that you will be able to save him from serious illness or death. That is why I feel so strongly that something must be done now. I know Animal Control can call in a vet in some cases but some of these dogs have very rare medical conditions. Mikey was examined by nine vets before we found one who was able to correctly diagnose and successfully treat his medical condition. Am I to believe the vet Animal Control uses will be able to correctly identify and treat Mikey’s problem? They are not required to let pet owners remove their companions and take them to qualified vets who are familiar with the dog’s illnesses. Let's not forget that the Director of Animal Control is not required to have any medical background but he does have the authority to order the euthanasia of impounded dogs that are injured or ill.

If a medically exempt pet is impounded during a weekend there is no way to accomplish anything until Monday at the earliest. By that time the pet’s medically necessary special treatment and / or diet will have been ignored for a couple of days, the pet will have been exposed to potentially diseased animals and tremendous damage could and most likely would already be done. Then there is a matter of the mandatory rabies vaccination prior to release. In the case of Mikey and many others this could easily be a death sentence.

This is all done in the name of rabies prevention and control while unvaccinated, unwanted feral cats continue to run freely. Judging by the “trap, spay, release programs” that have been implemented in this state I must assume that the high rate of feline rabies cases is of no concern to the authorities while they continue to enforce unjustified and extremely strict regulations on the owners of medically exempt dogs. I would like to add that according to the state’s epidemiology records cats do have a significantly higher number of confirmed rabies cases. Is this simply ineffective rabies prevention and control or is it discrimination against dog owners as well? Is this type of activity abiding by state law?

It is my sincere belief that Animal Control should not be impounding sick pets and especially so when they have no intention of giving them proper and medically necessary routine care. That appears to be animal cruelty and neglect. Feral cats are a very real threat to public safety but Animal Control doesn’t seem to be concerned about them. Perhaps they should focus on a real problem rather than confiscating and harming sick dogs.

Obviously one person cannot do this alone so if you are interested in initiating badly needed changes please contact MikeyDeWeim@ZBirdBrain.com

The Board of County Commissioners might be interested in problems you have with Animal Control. Since the Director of Animal Control is usually appointed by them any poor judgment on his/her part might be seen as a bad reflection on the people who put him/her in that position.

I believe the information provided on this page proves that some officials are not capable or qualified to create adequate laws that will protect pet owners or our pets. Please take action, contact your State Legislators and demand that they initiate legislation on the State level that will truly protect responsible pet owners and their dogs.

Perhaps it might be a good idea to know who you are dealing with. Who helped to fund your legislator's campaign? Is your legislator a major pharmaceutical company stock holder?

You can review financial disclosures at Open Secrets just look up a candidate. Look under "Other Data" in the links panel on the left. Near the bottom you will find a link for "Personal Finances"