Spay/Neuter

Miami-Dade County, Florida

Sec. 5-5. – Adoption of animals from the department; discretion to refuse adoption or transfer; adoption or acquisition by offenders prohibited; appeal; sterilization requirements; requirements for animal rescue organizations; authority to negotiate and enter into agreements.

(b) Prior to transferring ownership of a dog or cat to any person, the Department shall sterilize the animal, except that the Department may release unsterilized animals in either of the following circumstances.

(1) The new owner enters into a written agreement guaranteeing that sterilization will be performed within thirty (30) days from the date custody is acquired or as soon as sterilization is medically permissible. Breach of the agreement shall be a separate violation of this section. A person acquiring ownership of an intact dog or cat from the Department shall also give the Department a sufficient, refundable deposit per animal to ensure that the animal will be sterilized, as required by Section 823.15, Florida Statutes. The Department shall refund the deposit upon presentation of written evidence by the veterinarian performing the sterilization that the animal has been sterilized. The amount of the deposit shall be established by implementing order approved by the Board of County Commissioners.

(c) The Department may, at its discretion, transfer animals to an animal rescue organization for medical care, for adoption, for adoption to third parties, or for any other lawful purpose, in accordance with the following provisions:

[…]

(2) The animal rescue organization shall enter into a written agreement signed by the Director and approved by the County Attorney’s Office as to form and legal sufficiency that provides for the following: a guarantee that the organization will comply with the sterilization requirements set forth in Section 823.15(2)(b), Florida Statutes, and will prohibit offenders, as defined in this section, from acquiring any animals from the organization; a requirement that the organization periodically report to the Department on the disposition of animals acquired from the Department; and that the Department shall have the right to reclaim animals that are being maintained in violation of this chapter or other provisions of this Code. Breach of the agreement shall be a separate violation of this section.

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