FLORIDA’S “PETS ACT”

Posted by CSG Firm on

This article provides an overview of the impact Hurricane Ian had on Florida’s Gulf Coast and the existing laws and policies related to the protection of pets and animals during natural disasters, particularly focusing on the PETS Act, DAP 9523.19, and Florida Statute (F.S.) §823.151. It also discusses the role of the Florida State Agricultural Response Team (SART) and highlights some shortcomings in the existing laws. The Pets Evacuation and Transportation Standards Act of 2006, also known as the PETS Act, was passed, and codified into federal law following the aftermath of Hurricane Katrina in 2005. Since the passage of the PETS Act and Disaster Assistance Policy (DAP) 9523.151, Florida has become one of over thirty (30) states to revise their disaster relief plans to include a focus on household pets and service animals.

Here is a summary of key points:

1. Hurricane Impact and Pet Evacuation:

  • Hurricane Ian caused significant destruction in Florida, affecting millions of people and their pets.
  • There were challenges faced by pet owners during evacuations similar to those occurring when Hurricane Katrina hit, which caused a considerable number of people not to evacuate due to concerns about leaving their pets behind.

2. PETS Act and Emergency Preparedness:

  • The Pets Evacuation and Transportation Standards Act of 2006 (PETS Act) is a federal law that requires states to include the needs of households with pets and service animals in their emergency preparedness plans to receive federal funding.
  • FEMA plays a crucial role in executing the PETS Act, and guidelines are provided through Disaster Assistance Policy (DAP) 9523.19.

3. F.S. §823.151:

  • F.S. §823.151, enacted in 2018, extends protections for lost animals during natural disasters. It requires shelters to scan strays for microchips and make efforts to reunite them with owners.
  • The law includes various provisions, such as posting notices, extending stray hold periods, and creating strategies for reuniting pets with owners.

4. Limitations of Existing Laws:

  • There are, however, limitations in existing laws, particularly regarding the definition of “household pets,” which excludes certain animals like reptiles, farm animals, and animals kept for racing purposes.
  • The economic impact of losing agricultural animals is discussed therein, highlighting the need for broader legal protections.

5. Challenges and Slow Implementation:

  • The requirement for a state of emergency to be declared before establishing pet-friendly shelters is identified as a challenge, as delays can occur in the aftermath of a disaster.
  • Various administrative issues, such as receipt retention and the need for federal identification numbers, are mentioned as factors that can slow down the implementation of assistance.

6. Florida State Agricultural Response Team (SART):

  • SART is introduced as a group specifically designed to respond to animal and agriculture emergencies in Florida.
  • The activation of SART during Hurricane Ian is detailed, including collaboration with the Florida Department of Agriculture and Consumer Services.

7. Community Assistance and Preparedness:

  • Private organizations and businesses, such as the World Equestrian Center and American Humane Society, played a significant role in providing shelter and rescuing animals during Hurricane Ian.
  • Recommendations for preparing pets for natural disasters are mentioned, including microchipping, and creating emergency kits.

8. Conclusion and Legislative Push:

  • Evolving legislation emphasizes the importance of protecting animals during disasters and suggests that larger legislative efforts are needed.
  • Examples are provided in proposed bills concerning the tethering of pets during storms, indicating ongoing efforts in animal law.

Overall, the foregoing underscores the complexity of addressing the diverse needs of pets and animals during natural disasters, pointing out both the progress made and the areas where further legislative action is required.

The foregoing is a brief and general overview of the evolving PETS Act and related laws in the state of Florida.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.