A Look at the PETS Act and Related Florida Law in the Wake of Hurricane Ian.

• Author: Lizana, Mallory

On September 28, 2022, destruction hit Florida's Gulf Coast as Hurricane Ian, the second most deadly storm to devastate the continental U.S. this century, made landfall. (1) Thousands of homes faced unprecedented levels of storm surge and over 4 million Floridians lost power as the category 4 winds hit. (2) With at least 56% of households in Florida owning pets, evacuating for hurricanes is not always easy. (3) One study found that during Hurricane Katrina, one of the deadliest hurricanes in U.S. history, 44% of individuals chose not to evacuate out of the fear of leaving their pets behind. (4) In total, between 100,000 and 250,000 pets were stranded, and between 70,000 and 150,000 beloved pets lost their lives to Hurricane Katrina. (5) In response to the ever-increasing threat of hurricanes, both in size and strength each year, there have been changes in federal and state law over recent years to protect pets and their owners.

The PETS Act

In approving standards for [s]tate and local emergency preparedness operational plans pursuant to subsection (b)(3), the [d]irector shall ensure that such plans take into account the needs of individuals with household pets and service animals prior to, during, and following major disaster or emergency. (6)

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. (7) It requires states to include the needs of households with pets and service animals in emergency preparedness operational plans in order to receive federal funding for those plans.(8) These needs typically include aspects such as creating emergency shelters that can accommodate individuals with pets, or allowing those pets onto evacuation buses with their owners. (9) From an operational standpoint, the PETS Act is executed through the Federal Emergency Management Agency (FEMA), as well as through non-profit organizations that assist in establishing emergency animal-friendly shelters. (10) On October 24, 2007, FEMA established the Disaster Assistance Policy (DAP) 9523.19, which defines which animals fall under the act, along with guidelines for what qualifies for reimbursement for state's operational plan expenditures. (11) Activities eligible for reimbursement include those such as emergency veterinary services, the cleaning and maintenance of emergency shelters, creating cataloging and tracking systems and more. (12) Since the passage of the PETS Act and DAP 9523.151, Florida has become one of over 30 states to revise their disaster relief plans to include a focus on household pets and service animals. (13) For example, F.S. [section]252.3568 maintains that if a county establishes a designated emergency shelter, it must also designate a shelter for individuals with household pets. (14)

F.S.[section]823.151

"It is therefore declared to be the public policy of the state that animal control agencies and humane organizations shall adopt policies and procedures to help return lost cats or dogs to identified owners."

An expansion of F.S.[section]252.3568 occurred in 2018 with the enactment of [section]823.151. (15) F.S.[section]823.151 recognizes that many animals become lost during hurricanes and other natural disasters, and that those animals deserve a reasonable chance to be reunited with their owners before being transported, adopted out, or euthanized. (16) The statute requires shelters to scan strays for microchips, and make reasonable attempts to contact owners. (17) Specifically, the law provides that shelters should post notices of lost pets, extend stray hold periods, and post announcements to the public about the shelter's location, hours, and fees, among other policies. (18) Arguably, one of the most important policies requires shelters to create strategies for pets to be reunited directly with their owners, even those who cannot make it to the...